In the Matter of the Estate of Margaret E. Workman, Dennis Workman v. Gary Workman, Individually and as of the Estate of Margaret E. Workman

MANSFIELD, Justice.

This review of a will contest proceeding raises two questions for our consideration. First, the unsuccessful will contestant asks us to adopt the Restatement (Third) of Property standard concerning the appropriate burden of proof in an undue influence case where a confidential relationship existed. Second, the contestant argues the district court abused its discretion in denying his motion to amend the pleadings to conform to the proof at the close of his cáse. That motion sought to broaden the contestant’s undue influence claim to include all of the testator’s prior wills…