Okla. Stat. » Title 84 — WILLS AND SUCCESSION
Oklahoma Statutes

Okla. Stat. tit. 84, § 43 (2026)

Duress, menace, fraud, or undue influence - Revocation

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A will or part of a will procured to be made by duress, menace, fraud or undue influence, may be denied probate; and a revocation procured by the same means, may be declared void. R.L.1910, § 8340.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1987–2023 · leading case: In re Est. of Holcomb, 2002 OK 90, 63 P.3d 9.
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In re Est. of Holcomb, 2002 OK 90, 63 P.3d 9. “The pertinent terms of 84 O.S.2001 § 43 are: “A will or part of a will procured to be made by duress, menace, fraud or undue influence, may be denied probate, and a revocation procured by the same means, may be declared void.”
Higgins v. Oklahoma Nat'l Bank & Trust Co. of Chickasha, 863 P.2d 1116 (Okla. 1993). · cites it 2× “6 Gifts by will obtained through undue influence may also be set aside under the terms of 84 O.S.1991 § 43. 7 We see no need to distinguish between Miss Webb’s lifetime gifts to Higgins and the gifts she made to him in her will.”
Suagee v. Cook, 897 P.2d 268 (Okla. 1995). · cites it 2× “The pertinent terms of 84 O.S.1991 § 43 are: "A will or part of a will procured to be made by duress, menace, fraud or undue influence, may be denied probate, and a revocation procured by the same means, may be declared void.”
Ziegelgruber v. Harrison ex rel. Harrison, 738 P.2d 964 (Okla. Civ. App. 1987). “Nothing herein in any way limits a person from contesting a Will on the grounds of duress, menace, fraud or undue influence under Okla.Stat. tit. 84, § 43 (1981). Attesting witnesses are not only judges of a testator’s sanity but are also watch dogs for fraud.”
Rivenburg v. Ciliberti, 2023 OK 109, 539 P.3d 1262. “We granted certiorari to review the COCA's decision and to clarify the law applicable to will contests based on claims of fraud in the inducement of a will.”
Matter of Est. of Harrison, 738 P.2d 964 (Okla. Civ. App. 1987). “Nothing herein in any way limits a person from contesting a Will on the grounds of duress, menace, fraud or undue influence under Okla. Stat. tit. 84, § 43 (1981). Attesting witnesses are not only judges of a testator's sanity but are also watch dogs for fraud.”
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