In probate litigation, a claim for undue influence occurs when someone accuses another person of pressuring or manipulating the decedent into changing their will or estate plan. The person contesting the will argues that the decedent didn’t make decisions freely, but instead, another individual coerced or influenced them. This type of claim often arises when someone changes a will shortly before death, raising suspicion of undue influence.
Understanding undue influence
Undue influence happens when a person uses their power or close relationship with the decedent to overpower their will, leading to decisions the decedent wouldn’t have made on their own. It could involve emotional manipulation, threats, or even physical force. In New York, to prove an undue influence claim, the challenger must provide clear evidence that the decedent didn’t act independently and that someone improperly influenced their decision.
Factors that suggest undue influence
Several factors may suggest undue influence in probate cases. These factors include sudden will changes that benefit someone close to the decedent or occur when the decedent is vulnerable due to age, illness, or dependency. Other red flags include the absence of independent legal advice, the decedent’s isolation from others, or a history of manipulative behavior by the alleged influencer.
How courts handle undue influence claims
When a court reviews an undue influence claim, it examines the circumstances surrounding the creation of the will, the decedent’s mental state, and the actions of the person accused of influencing the decedent. The person challenging the will must present clear and convincing evidence of undue influence. The court then decides whether the will truly reflects the decedent’s wishes or if the decision resulted from improper influence.
Undue influence claims can be challenging, as they require a detailed investigation into the decedent’s relationships and mental state. To succeed, the challenger must provide strong evidence that the decedent acted under pressure rather than freely making decisions based on their own desires.
