Topic
Undue Influence
263 published works
Archer Estate & Trust Litigation Law
New Jersey Appellate Division Affirms Trial Court’s Decision to Deny Undue Influence Claim Brought by Disinherited Children
In Re Estate of Kapila, No. A-2757-23, 2025 WL 1430418, (N.J. Super. Ct. App. Div. May 19, 2025) Vikrant and Gitanjali (“Gita”), (collectively “Plaintiffs”) appealed the trial court’s dismissal of…
The Fiduciary Litigator
Court Affirmed Summary Judgment Order Finding That A Will Should Be Set Aside For Undue Influence
In Monariti v. Monariti, a will contestant filed a motion for summary judgment, alleging that the will should be set aside due to undue influence. No. 14-23-00062-CV, 2024 Tex. App.…
Law Times News
Ontario Court of Appeal upholds ruling voiding will and property transfer over undue influence
The testator willed her home to one of her daughters and named her sole executor
Wills, Trusts & Estates Prof Blog
My Lady Jane, A King’s Will, and the Undue Influence on a Testamentary Instrument that Took England to the Brink of Civil War
Lady Jane Grey's brief reign, known as the "Nine Days' Queen," stemmed from a contested succession crisis in 1553. Her ascent was orchestrated by John Dudley, Duke of Northumberland, who…
Wills, Trusts & Estates Prof Blog
My Lady Jane, A King’s Will, and the Undue Influence on a Testamentary Instrument that Took England to the Brink of Civil War
Lady Jane Grey's brief reign, known as the "Nine Days' Queen," stemmed from a contested succession crisis in 1553. Her ascent was orchestrated by John Dudley, Duke of Northumberland, who…
HEIRS & SUCCESSES
The patient’s General Practitioner & Undue Influence
In Alexakis v Masters (No 2) [2023] NSWSC 509; Alexakis v Masters (No 3) [2023] NSWSC 694, a Sydney General Practitioner has denied allegations in the New South Wales Supreme…
Berk Law Group Blog
A Cautionary Tale: Estate of Rivenburg
By Kent Berk
The Estate of Rivenburg case , though decided in Oklahoma, offers a nuanced illustration of how courts analyze fraud and undue influence, providing insights that can be relevant to similar…
Berk Law Group Blog
Understanding the Difference Between Fraud and Undue Influence in Estate Planning: An Arizona Perspective
By Kent Berk
When someone signs estate planning documents like a will or trust, it is crucial that they do so voluntarily and with a clear understanding of the consequences. Unfortunately, not all…
HEIRS & SUCCESSES
Unconscionable conduct, Undue influence and Elder financial abuse
Undue influence, which can stem from various sources such as abuses of confidence, power imbalances, and excessive pressure, often involves a weaker party. This party must demonstrate that the transaction…
Archer Estate & Trust Litigation Law
Commissions Disallowed Based on Lack of Trial Court Findings
In re Estate of Yorkowitz, Docket No. A-2835-22 (N.J. Super. App. Div. Sept. 4, 2024) The decedent died on May 28, 2019. In July 2019, the Middlesex County Surrogate admitted…