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.

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.

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, 5 AD3d 788 (2d Dept. 2004): In this case, the testator was an elderly woman who suffered from dementia. Her two nephews, who were her primary caregivers, were named as the sole beneficiaries of her will. The testator's sister challenged the will, alleging that the nephews had exerted undue influence over the testator. The court found that the nephews had in fact exerted undue influence over the testator, and the will was declared invalid.
• Matter of Will of Johnson, 8 AD3d 391 (2d Dept. 2004): In this case, the testator was a wealthy woman who had multiple wills, some of which left substantial assets to her former housekeeper. The testator's son challenged the validity of the wills, alleging that the housekeeper had exerted undue influence over his mother. The court found that there was insufficient evidence of undue influence, and the wills were upheld.
• Matter of Cutler, 266 AD2d 325 (1st Dept. 1999): In this case, the testator was a wealthy man who had named his son as the sole beneficiary of his will. The testator's daughter challenged the validity of the will, alleging that her brother had exerted undue influence over their father. The court found that the son had indeed exerted undue influence over the testator, and the will was declared invalid.
• Matter of Estate of Bloomer, 276 AD2d 823 (3d Dept. 2000): In this case, the testator was an elderly woman who had a close relationship with her caretaker. The testator named the caretaker as the sole beneficiary of her will. The testator's family challenged the validity of the will, alleging that the caretaker had exerted undue influence over the testator. The court found that there was insufficient evidence of undue influence, and the will was upheld.

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.