Topic
Undue Influence
263 published works
Archer Estate & Trust Litigation Law
Family Ties Alone Do Not Shift the Burden: Undue Influence Claim Dismissed on Summary Judgment
In the Matter of the Estate of Joanne W. Schneider, deceased, No. A-0035-25, 2026 WL 3093664 (N.J. Super. Ct. App. Div. Oct. 16, 2026) This case involves a dispute over…
Katten Law: In the news
Citywealth Quotes Joshua Rubenstein on AI, Capacity and the Older Client
Katten Private Wealth Partner and Global Chair Joshua S. Rubenstein shared his views in Citywealth's “AI, Capacity and the Older Client: Who Is Really Giving the Instruction?” The article examines…
HEIRS & SUCCESSES
The Will maker did not make a free and fully informed decision: Chalik v Chalik [2025] NSWCA 136
Margaret Chalik, who died on 20 July 2021, aged 85, survived by her two adult sons, Gregory Chalik (the plaintiff) and Igor (now known as Isaac) Chalik ( the defendant),…
SCC Blog
The Conscience of the Court: Suspicious Circumstances, Testamentary Intent, and Proof of Wills
An analysis of the doctrine of suspicious circumstances in testamentary disputes, examining the proof of wills, testamentary intent, unnatural dispositions, evidentiary burdens, and the challenges posed by modern family structures,…
HEIRS & SUCCESSES
Preliminary Discovery in Probate: Fuda v Dawes [2026] NSWSC 360
Probate litigation examines the circumstances of Will preparation, focusing on the source of instructions, the testator’s understanding, and the presence of capacity, undue influence, or suspicious circumstances. Capacity concerns the…
Pennsylvania Divorce and Domestic Relations Blog
Cherished Friend or Undue Influencer?
By Mark Ashton
A case decided Thursday in the Superior Court has a certain Dickensian quality to it. It illustrates how fine the line can be between friendship and undue influence which might…
Estate Planning in California
Influence or Undue Influence?
By Unknown
One method to invalidate a revocable transfer on death deed (TOD) is by proving undue influence. Obviously the beneficiary of a TOD will have some influence over the drafter of the…
Berk Law Group Blog
Arizona Appeals Court: You Can’t “ADR Away” an Undue Influence Challenge to a Trust Amendment
By Kent Berk
Some trusts try to solve family conflict with a built-in off-ramp: appoint a “Special Co-Trustee,” require everyone to submit disputes to that person first, and allow mediation or even binding…
Queens Estate Law Blog
Undue influence and the confidential relationship; Estate of Jackale Williams
By Jason Stern
As a New York Estate Lawyer with more than 25 years of… Continue reading “Undue influence and the confidential relationship; Estate of Jackale Williams”… The post Undue influence and the…
Archer Estate & Trust Litigation Law
Appellate Division Discusses Procedural Standards for Pleading Undue Influence
In re Estate of Olga Kolbik, Docket No. A-0782-24, 2026 WL 81510 (N.J. Super. App. Div. Jan. 12, 2026) In this matter concerning the Estate of Olga Kolbik, the Appellate…