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- Undue influence is when proof exists that the deceased was taken advantage of by someone they trusted, to create a will that they would benefit from. To prove undue influence in New York, the person contesting the Will must prove three elements: (1) motive, (2) opportunity, and (3) actual exercise of undue influence.
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Jan 24, 2022 · The case provides a helpful summary of the law applicable to claims of undue influence, and New York appeals courts’ power on appeals from non-jury trials. The case turned in large part on the issue of whether the alleged undue influencers were in a confidential relationship with the decedent.
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- The Facts of Matter of Kotsones
- Existence of A Confidential Relationship Under New York Undue Influence Law
- How Do You Demonstrate The Existence of A Confidential Relationship in New York?
- A Position of Trust Does Not Automatically Equal A Confidential Relationship
Petitioner and Respondent Ellen Kreopoides are the children of Sophie Peter Kotsones, the decedent. Ellen is also the trustee of the Sophie Peter Kotsones Irrevocable Trust (“Trust”). Respondent Alexander Kreopolides is Ellen’s son. Ellen and Alexander applied to admit decedent’s December 5, 2012 will to probate in New York surrogate’s court. Petit...
Under New York law it is well settled that “where there was a confidential or fiduciary relationship between the beneficiary and the decedent, [a]n inference of undue influence arises which requires the beneficiary to come forward with an explanation of the circumstances of the transaction’ ” Here, the petitioner had the initial burden of showing t...
In order to demonstrate the existence of a confidential relationship under New York law, there “must be evidence of circumstances that demonstrate inequality or a controlling influence’ ” Matter of Nurse, 160 AD3d 745, 748 [2d Dept 2018]). The court stated:
Here, Ellen and Alexander held a position of trust with decedent. Ellen helped decedent with her finances and was named decedent’s power of attorney. But, the record also showed that: 1. Despite Ellen’s position of trust, decedent was actively and personally involved in managing her real estate and in drafting her estate plan; 2. Decedent directed ...
May 13, 2023 · In New York, a party claiming undue influence in a will contest must prove that the person guilty of undue influence applied extreme pressure on the testator that they could not resist. In response to this “moral coercion,” it must be shown by a preponderance of evidence that the testator did something they would not normally do.
Both duress and coercion are elements of undue influence (Matter of Meyer, 158 Misc 942 [Sur Ct, New York County 1936]). The party objecting to the instruments has the burden of proving undue influence in an action to invalidate a trust or deed (Matter of Delgatto, 98 AD3d 975 [2d Dept 2012]).
In New York, the three elements of undue influence are motive, opportunity, and actual exercise of undue influence. Each of these elements have to be proven in order to successfully contest a will based on undue influence. Motive is easy to prove.
If you believe that a will of a loved one was subject to undue influence, contact an experienced New York will contest lawyer who will listen to your concerns and help you take steps to ensure that an invalid will is not probated.
Jul 2, 2021 · In New York State case law, a contestant must prove undue influence at the time the will was executed. To do so, you must demonstrate these three points: Existence and exercise of undue influence on the testator.
