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Undue Influence can Invalidate a Will

Undue Influence

Undue influence is a legal term which generally means that someone has put pressure on an individual to draft a will in a particular way. Undue influence means the testator may have been manipulated into giving something in his will which he normally would not give or which he would normally give to someone else.

Example of Undue Influence

One example might be a nursing home worker who befriends an aging patient. If the worker uses his newly gained status as a confidant to convince the aging patient to change her will and leave a large percentage of her estate to this person she barely knows, there may be undue influence.  On the other hand, it is not uncommon for aging patients to leave something to the people caring for them in their illness.

Undue influence only becomes an issue if someone challenges the validity of a will.  Once the will is challenged, the court will consider any evidence either party to the challenge can offer to prove or to disprove undue influence.

Getting Legal Help

To learn more about estate planning and what you need to do to protect your assets and your loved ones, contact experienced estate planning attorney Elga Goodman. Call us today at 973-841-5111.

Posted in: Estate Planning, New York Estate Planning