Topic
Undue Influence
263 published works
New York Probate Lawyer Blog
Undue Influence and New York Wills-Some Important Considerations
A Last Will and Testament is an important document since it is meant to express in writing a person’s disposition of his estate. A Will is an embodiment of…
HEIRS & SUCCESSES
Waters v Frank; Frank v Waters (No 2) [2025] NSWSC 1586 Costs,Testamentary Capacity and Undue Influence
Waters v Frank; Frank v Waters [2025] NSWSC 1389 concerned a contested Will. It involved Dr Percy Waters (the deceased), a highly vulnerable and elderly man. His dependence on his…
Archer Estate & Trust Litigation Law
From the Front Lines of Undue Influence and Elder Abuse: Essential Ethical and Practical Advice
By Archer & Greiner, P.C.
Partner Steven Mignogna will be among other national industry leaders presenting at the 60th Annual Heckerling Institute on Estate Planning. During Steven’s session, the panel will discuss recognizing and combatting undue influence and…
Archer Estate & Trust Litigation Law
Appellate Court Affirms Invalidation of a Prior Will, Upholding the Trial Court’s Credibility Findings in Undue Influence Case
In re Estate of Martin, Deceased, Docket No. A-4113-23, 2025 WL 3063987 (N.J. Super. App. Div. Nov. 3, 2025). James G. Martin (“Senior”) died in February 2020. His 2019 will…
Archer Estate & Trust Litigation Law
Appellate Division Upholds Invalidation of Subsequent Will under Undue Influence, But Reverses Attorney Fee Award
In re Estate of Martin, Deceased, Docket No. A-4113-23, 2025 WL 3063987 (N.J. Super. App. Div. Nov. 3, 2025). James G. Martin (“Senior”) died in February 2020. His 2019 will…
New York Trusts & Estates Litigation
Undue Influence Objections in Will Contests
When a petitioner offers a will for probate, and the propounded instrument’s validity is contested, objectants oftentimes raise undue influence as an objection to the admission of the will to…
HEIRS & SUCCESSES
No Undue Influence Found: Rowe v Van Den Ende [2025] NSWSC 1183 & Fairness in Property Transfers
Unconscionable conduct and undue influence are equitable doctrines addressing unfair advantage in relationships of unequal power. Unconscionable conduct focuses on a stronger party exploiting another’s special disadvantage – involving age,…
Future Focused
Probate Disputes: Discussing Capacity, Influence, and Fraud with Mike Kenny
By Michael T. Clear, Michael L. Kenny, Jr.
In this episode of Future Focused: Sophisticated Estate Planning, Host Michael Clear is joined by Litigation Partner Michael Kenny, where they discuss the complexities of probate disputes, focusing on will…
Legal Profession Blog
Estate Attorney’s Will Revoked For Undue Influence
A summary of a recent decision of the Ohio Third District Court of Appeals by Kathleen MaloneyAn Ohio appeals court has ruled that a Columbus man embezzled $1.38 million of…
HEIRS & SUCCESSES
Court Overturns Family Provision Award to Granddaughter After Finding Undue Influence and No Financial Need
Undue influence arises where one party’s Will is overborne by another’s, as evidenced by direct evidence or a rebuttable presumption from certain recognised or factually proven relationships, coupled with a…