Undue Influence in Creating a Will in New York

Undue influence is a legal concept that refers to the improper influence exerted on an individual to control their decision-making. In the context of a will, undue influence is a situation in which someone manipulates or pressures the testator (the person making the will) into making decisions that they would not have made otherwise. This can include coercing the testator to leave a particular asset to someone, or even to disinherit a close family member. In New York, undue influence is one of the grounds on which a will can be contested. If you believe that a will of a loved one was subject to undue influence, contact an experienced New York will contest lawyer who will listen to your concerns and help you take steps to ensure that an invalid will is not probated.

Proving Undue Influence

Undue influence can be difficult to prove in a will contest as it often takes place behind closed doors and without witnesses. However, there are several factors that courts in New York will consider

• Establish that the testator was vulnerable: To prove undue influence, it is important to establish that the testator was in a vulnerable position and susceptible to manipulation. This can be demonstrated by showing that the testator was elderly, had a physical or mental illness, or was otherwise dependent on the person who is alleged to have exerted undue influence.
• Show that the alleged influencer had the opportunity to exert control: To prove undue influence, it is necessary to show that the person alleged to have exerted undue influence had the opportunity to exert control over the testator. This can include situations where the alleged influencer was a caregiver, had a close relationship with the testator, or was involved in the making of the will.
• Prove that the tactics used by the alleged influencer were coercive: To prove undue influence, it is important to show that the tactics used by the alleged influencer were coercive or manipulative. This can include tactics such as isolating the testator from other family members, using emotional blackmail, or providing false information to the testator. An experienced New York will contest lawyer can give you more information about tactics used to coerce a testator.
• Show that the testator's decisions were unreasonable: To prove undue influence, it is necessary to show that the testator's decisions were unreasonable in light of the circumstances. This can include situations where the testator disinherited close family members or made decisions that were contrary to their previous intentions.
• Obtain witness testimony and other evidence: To prove undue influence, it is often necessary to obtain witness testimony and other evidence that can support the allegations. This can include testimony from family members, caregivers, or other individuals who had contact with the testator around the time the will was made.

Overall, proving undue influence in the making of a will in New York requires a careful review of the circumstances surrounding the creation of the will and a thorough investigation into the actions of the person alleged to have exerted undue influence. It is important to work with an experienced will contest attorney in New York who can help gather the necessary evidence and build a strong case.

Notable New York Undue Influences Cases

Here are some examples of cases in New York that have dealt with the issue of undue influence in the making of a will:

• Matter of Walther, 6 N.Y.2d 49 (N.Y. 1959). In this case, 84-year-old Katherine Walther executed a will bequeathing her estate to her sister, the proponent, 16 months before her death. One of Walther's nephews contested the will, alleging undue influence. The jury found in favor of undue influence, but the court held that the evidence was insufficient to support this claim. The decedent's mental state was in question, as she suffered from senile psychosis and was placed in a nursing home against her wishes. The court noted that the proponent, despite her close relationship with the decedent, did not draft, dictate, or witness the will's execution. The subscribing witnesses, psychiatrists, testified to the decedent's rationality and absence of restraint. The court concluded that the evidence did not prove undue influence, emphasizing that family duty, rather than coercion, likely motivated the proponent's involvement. Consequently, the court reversed the Appellate Division's order, directing the Surrogate's Court to admit the will to probate.
• Favaloro v. Donahue, 2012 N.Y. Slip Op. 2871 (N.Y. App. Div. 2012). In the probate case involving the estate of Leonard Favaloro, the Surrogate's Court initially denied Joan Favaloro's motion for summary judgment to dismiss the petition seeking turnover of certain property. The court found a triable issue of fact regarding whether Favaloro unduly influenced Leonard to rescind beneficiary designations. At trial, evidence presented by the petitioners included increased interactions with Leonard, a doctor's testimony, and the broker's account of Leonard's request to change beneficiaries. Despite this, the appellate court held that Favaloro's motion for judgment as a matter of law should have been granted, as the evidence failed to establish undue influence. The decree directing turnover was reversed, and the petition dismissed.

Contact Stephen Bilkis & Associates

Overall, proving undue influence in the making of a will in New York requires a careful review of the circumstances surrounding the creation of the will and a thorough investigation into the actions of the person alleged to have exerted undue influence. It is important to work with an experienced will contest attorney serving New York who has the experience, knowledge, and resources to gather the necessary evidence and build a strong case. Contact us at 800-696-9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Long Island, Nassau County, Queens, Brooklyn, Staten Island, Suffolk County, Bronx, and Westchester County.

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