Undue Influence as a Ground for Contesting a Will in New York

In New York, a will can be challenged if it was not the true and independent expression of the person who signed it. One of the most common grounds for such a challenge is undue influence. This occurs when someone manipulates or pressures the person making the will in a way that overcomes their free will and causes them to leave their property in a way they would not have done otherwise. The person contesting the will, known as the objectant, has the burden of proving this claim with strong and specific evidence.

The Will Was Not the Independent Act of the Deceased

The first requirement is showing that the will was not created freely and voluntarily by the person who passed away. The objectant must demonstrate that the decisions in the will do not reflect the true intentions of the deceased, but instead reflect the desires of someone else. For example, if a longtime friend suddenly appears in a new will and receives most of the estate, and the rest of the family is excluded without explanation, this may raise questions about whether the will truly reflects the wishes of the deceased.

Evidence Must Show Motive, Opportunity, and Specific Acts

To prove undue influence, general suspicion or speculation is not enough. The person contesting the will must present clear and convincing evidence of three things: motive, opportunity, and specific acts.

Motive means there was a reason the person accused of exerting undue influence would want to manipulate the will. This might include a desire to receive a large inheritance or to exclude other family members from the estate.

Opportunity refers to access to the deceased, especially during times when the will was being discussed or prepared. For instance, if someone lived with the deceased, helped manage their affairs, or was present during the drafting of the will, they may have had the chance to influence the outcome.

Specific acts involve actions that directly affected the person making the will. This could be repeated persuasion, isolating the person from others, or making them feel guilty, afraid, or dependent in a way that pressured them into changing their will.

Conclusion

Challenging a will based on undue influence in New York is difficult, but possible when strong evidence is available. The law does not assume influence just because someone benefits from a will. The objectant must show that the will reflects the manipulator’s wishes, not the true intentions of the deceased. Proving motive, opportunity, and actual conduct that caused the change is key to a successful claim of undue influence.

Find the Law

“In order to succeed in proving undue influence, Objectant must show that the offered Will was not the independent action of the decedent, but was the result of the imposition of Proponent’s will upon her. Undue influence must be proven by evidence of a substantial nature which shows motive, opportunity, and specific acts allegedly constituting undue influence. Matter of Makitra, 101 AD3d 1579 (4th Dept., 2012).” In re Ehrensberger, 2015 N.Y. Slip Op. 50669, 6 (N.Y. Surr. Ct. 2015)