No one creates a Will thinking that, years later, their loved ones will be arguing in court over whether the final wishes expressed in that document were truly their own. Unfortunately, this happens far more often than you may think. If you are dealing with a potential Will contest or suspect that something is not quite right, you may have come across the term “undue influence.” Continue reading and reach out to a Rochester estate lawyer from Lacy Katzen LLP to learn more about what this means.
What does “undue influence” mean in a Will contest?
Rather simply, undue influence occurs when someone exerts pressure on a Testator (the person creating and signing a Will) to such a degree that it overcomes that Testator’s independent judgment. While it is perfectly normal for family members, friends, or caregivers to have conversations about estate planning, the issue arises when that influence becomes excessive or controlling. In many cases, undue influence can involve circumstances such as:
- A caregiver taking advantage of a Testator who is elderly, ill, or otherwise vulnerable;
- One individual isolating the Testator from other family members or trusted advisors;
- Repeated pressure, whether subtle or direct, that impacts how decisions are ultimately made by the Testator;
- A Will that suddenly benefits one person in a way that does not align with longstanding prior intentions expressed by the Testator.
As you can see, these situations are rarely obvious. Instead, courts often have to look beneath the surface and consider how the Will was actually created, in addition to what it says.
How can undue influence be proven in New York?
Proving undue influence is not as straightforward as pointing to a single conversation or event. “Influence” by itself (such as providing advice and recommendations to the Testator) is not necessarily “undue” in all cases. In reality, undue influence must usually be established through a combination of testimony and circumstantial evidence that, when viewed together, suggest that the trusted party put significant pressure on the Testator during the drafting process, to that party’s personal benefit. Some of the more common factors courts will consider are as follows:
- Whether there was a close or dependent relationship between the individual and the person accused of exerting influence;
- The mental and physical condition of the person at the time the Will was executed;
- Any unusual or unexpected changes made to the Will, especially when near death;
- The level of involvement a beneficiary had in preparing or arranging the Will; and
- Evidence that the individual relied heavily on the individual who is now benefiting from the new Will.
What happens if a Will is found to be the result of undue influence?
If a court ultimately determines that undue influence played a role in the creation of a Will, the results can be significant, as the Court will not admit that invalid Will to probate. This can potentially result in the probate of a prior Will (if one exists and is independently determined to be valid), or the passing of the Estate by intestacy if no other valid Will remains.
Can something other than a Will be set aside as the result of undue influence?
Yes. Sometimes, a Will is not the only – or even the primary – estate planning vehicle for an individual. Even if a Will was validly created, that Testator may have succumbed to undue influence in the context of creating a Trust, drafting a Deed, or completing/updating a beneficiary designation. The Executor or Administrator of an Estate can explore whether the decedent had suffered undue influence in those other contexts, and if there is sufficient proof to do so, can file a “turnover proceeding” to wrest those non-probate assets back into the Estate.
Naturally, these situations can become complicated rather quickly, particularly when multiple parties are involved, and substantial assets are at stake, which is why it’s always best to have a knowledgeable and skilled attorney in your corner. Our firm is here to help. Contact Lacy Katzen LLP for an initial consultation today.
