title: Gender bias and judicial decisions of undue influence in testamentary challenges.
abstract: Allegations of undue influence constitute a common basis for contests of wills. Legal research from the 1990s suggests that gender bias factors significantly into judicial decision-making regarding alleged undue influence and testamentary intent. In this study, we sought to assess whether this bias is present today and to identify any factors that may be associated with it. Probate judges from several jurisdictions in the United States were asked to consider two hypothetical case vignettes drawn from actual published decisions. In our study, the gender of the testator played only a minor role in how judges weighed factors in the decision-making process and, overall, did not significantly influence opinions regarding the presence of undue influence. The specifics of the case and the gender of the judge emerged as the most consistent and robust potential influences on decision-making. Our results suggest that probate rulings involving undue influence are likely to represent a complex interaction of factors involving the testator's and judge's genders and the specifics of individual cases. The implications of these findings are discussed.
authors.affiliation: Dr. Recupero is Clinical Professor of Psychiatry and Dr. Christopher is Assistant Professor of Psychiatry and Human Behavior, Alpert Medical School, Brown University, Providence, RI. Dr. Recupero is also SVP, Education and Training, Care New England Health System, Providence, RI. Dr. Strong is Associate Professor, Department of Family and Preventive Medicine, University of California San Diego, San Diego, CA. Dr. Price is Assistant Professor of Psychiatry, Harvard Medical School, and a member of the Law and Psychiatry Service, Massachusetts General Hospital, Boston, MA. Ms. Harms is an independent research consultant, Stamford, CT. precupero@butler.org.
authors.forename: Patricia R
authors.initials: PR
authors.lastname: Recupero
authors.affiliation: Dr. Recupero is Clinical Professor of Psychiatry and Dr. Christopher is Assistant Professor of Psychiatry and Human Behavior, Alpert Medical School, Brown University, Providence, RI. Dr. Recupero is also SVP, Education and Training, Care New England Health System, Providence, RI. Dr. Strong is Associate Professor, Department of Family and Preventive Medicine, University of California San Diego, San Diego, CA. Dr. Price is Assistant Professor of Psychiatry, Harvard Medical School, and a member of the Law and Psychiatry Service, Massachusetts General Hospital, Boston, MA. Ms. Harms is an independent research consultant, Stamford, CT.
authors.forename: Paul P
authors.initials: PP
authors.lastname: Christopher
authors.affiliation: Dr. Recupero is Clinical Professor of Psychiatry and Dr. Christopher is Assistant Professor of Psychiatry and Human Behavior, Alpert Medical School, Brown University, Providence, RI. Dr. Recupero is also SVP, Education and Training, Care New England Health System, Providence, RI. Dr. Strong is Associate Professor, Department of Family and Preventive Medicine, University of California San Diego, San Diego, CA. Dr. Price is Assistant Professor of Psychiatry, Harvard Medical School, and a member of the Law and Psychiatry Service, Massachusetts General Hospital, Boston, MA. Ms. Harms is an independent research consultant, Stamford, CT.
authors.forename: David R
authors.initials: DR
authors.lastname: Strong
authors.affiliation: Dr. Recupero is Clinical Professor of Psychiatry and Dr. Christopher is Assistant Professor of Psychiatry and Human Behavior, Alpert Medical School, Brown University, Providence, RI. Dr. Recupero is also SVP, Education and Training, Care New England Health System, Providence, RI. Dr. Strong is Associate Professor, Department of Family and Preventive Medicine, University of California San Diego, San Diego, CA. Dr. Price is Assistant Professor of Psychiatry, Harvard Medical School, and a member of the Law and Psychiatry Service, Massachusetts General Hospital, Boston, MA. Ms. Harms is an independent research consultant, Stamford, CT.
authors.forename: Marilyn
authors.initials: M
authors.lastname: Price
authors.affiliation: Dr. Recupero is Clinical Professor of Psychiatry and Dr. Christopher is Assistant Professor of Psychiatry and Human Behavior, Alpert Medical School, Brown University, Providence, RI. Dr. Recupero is also SVP, Education and Training, Care New England Health System, Providence, RI. Dr. Strong is Associate Professor, Department of Family and Preventive Medicine, University of California San Diego, San Diego, CA. Dr. Price is Assistant Professor of Psychiatry, Harvard Medical School, and a member of the Law and Psychiatry Service, Massachusetts General Hospital, Boston, MA. Ms. Harms is an independent research consultant, Stamford, CT.
authors.forename: Samara E
authors.initials: SE
authors.lastname: Harms
mesh_terms: D000328:Adult; D000368:Aged; D003657:Decision Making; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005260:Female; D005555:Forensic Psychiatry / Q000331:legislation & jurisprudence*; D006801:Humans; D033222:Judicial Role; D008297:Male; D008875:Middle Aged; D017008:Negotiating / Q000523:psychology; D000067074:Peer Influence; D063507:Sexism; D011795:Surveys and Questionnaires; D014481:United States; D014918:Wills / Q000331:legislation & jurisprudence* / Q000523:psychology