Undue influence is said to occur when a beneficiary overcomes the free will of a testator and imposes her own will to procure a particular testamentary outcome. The influence exercised must amount to moral coercion, which caused the testator to act against his free will and desire for which he was too weak to resist. To prosecute an undue influence claim, an objection must prove by a preponderance of the evidence:

(i) A motive to influence the testator;

(ii) Opportunity to influence the testator; and

(iii) The actual exercise of undue influence.

See Matter of Greenwald, 47 AD3d 1036, 1037 (2008); Matter of Malone, 46 AD3d 975, 977 (2007).

Bronx, New York probate lawyer Bryan J Hutchinson is knowledgeable in helping the residents of the Bronx, Queens, Brooklyn, and Manhattan in all phases of a New York probate and administration proceeding.

If you need help proving or defending a claim of undue influence or fraud in the probate of a then Will call experienced Bronx probate lawyer Bryan J. Hutchinson at (718) 671-0900 to fight for your rights and get your fair share of assets you deserve.