In New York, a Will can be contested on the grounds of undue influence, which occurs when an individual coerces a testator into including provisions in their Will that benefit the influencer and do not reflect the testator’s wishes. It’s important to note that simply convincing a testator to alter their Will does not constitute undue influence. Instead, courts seek evidence that the influencer exploited the testator. Please continue reading as we shed light on what constitutes undue influence, how courts typically assess such claims, and the preventive measures you can take to safeguard your estate plan. Furthermore, this blog highlights why consulting with an experienced Rockland County Estate Planning Attorney is crucial for ensuring your estate plan is robust and truly reflects your wishes, thereby minimizing the risk of future disputes and safeguarding your legacy.
What is Undue Influence?
Undue influence occurs when an individual in a vulnerable state is manipulated, coerced, or subjected to an abuse of trust, leading them to make decisions that serve the interests of the influencer rather than their own genuine desires. This effectively overrides their free will. For instance, a caregiver may unduly influence an elderly, sick person to modify their Will to bequeath them a substantial inheritance. Additionally, an individual might alienate a susceptible relative from other family members, making untrue statements about them to seize control of the estate.
How Do I Challenge a Will Based on Undue Influence in New York?
Demonstrating undue influence in the creation of a Will presents a formidable, though not insurmountable, challenge. Generally, an individual seeking to contest the validity of a Will on the grounds of undue influence must initially demonstrate the testator; susceptibility to external pressures. This often necessitates illustrating a vulnerable state, such as advanced age, cognitive impairment, or complete dependence on the individual accused of exerting influence over the testator.
Once an imbalance of power has been established, those contesting the Will’s validity are required to provide corroborating evidence. This frequently involves testimonies indicating that the testator’s decisions preceding their demise were irrational or uncharacteristic. For instance, if a previously disinherited individual suddenly receives a substantial portion of the estate after the testator’s passing, this could serve to support such claims.
If you can establish undue influence, the Will can be declared invalid. The estate would then be distributed according to the testator’s previous Will or through New York’s laws of intestacy (if no prior Will exists). Allegations of undue influence can significantly affect the beneficiaries of an estate. Therefore, securing legal counsel to assist in drafting your Will is essential.
At The Lauterbach Law Firm, we are equipped to ensure that any substantial alterations to your Will are unequivocally documented as your decision, free from external pressures. Contact us today to arrange a consultation.
