This is Part 1 of 4 in a series of posts that will address will contests. These posts will focus on Connecticut law, however similar issues arise in New York and elsewhere.
Our firm receives many inquiries from individuals who believe that a decedent’s will is invalid and should not be probated. One of the most common inquiries along these lines involves concerns (or suspicions) that a decedent, when executing an otherwise valid will, may have been improperly influenced by someone who may have spent a lot of time with the decedent such that they were able to influence the decedent’s expression of his or her wishes regarding disposition of property. This claim is commonly referred to as a claim of “undue influence,” and is grounds for invalidating a will.
The basic question facing parties in a will contest concerning undue influence is whether the executed will, in fact, reflects the decedent’s wishes. Connecticut courts (as well as courts in other states) have established that the undue influence is defined as “the exercise of sufficient control over a person, the validity of whose act is brought in question to destroy his free agency and constrain him to do what he would not have done if such control had not been exercised.” This means, in other words, that the will in question does not reflect the decedent’s wishes, despite appearances to the contrary.
Connecticut courts have further held that an individual contesting a will based on undue influence must prove the following four elements:
(1) the decedent was subject to influence – most commonly, this refers to medical, or cognitive issues that meant the decedent may have been experiencing;
(2) an opportunity to exert undue influence – meaning, an individual spent significant time with the decedent, often alone, prior to the will being executed.
(3) a disposition to exert undue influence – this element can refer to a pattern of behavior, or persistence, other efforts to obtain money or property from the decedent on the part of the individual exerting influence.
(4) a result indicating undue influence – meaning, the will disposes of property in a way that is out of line with the decedent’s stated or otherwise established wishes.
In connection with the above, “Relevant factors include age and physical and mental condition of the one alleged to have been influenced, whether he [or she] had independent or disinterested advice in the transaction … consideration or lack or inadequacy thereof for any contract made, necessities and distress of the person alleged to have been influenced, his [or her] predisposition to make the transfer in question, the extent of the transfer in relation to his [or her] whole worth … failure to provide for all of his [or her] children in case of a transfer to one of them, active solicitations and persuasions by the other party, and the relationship of the parties.”
The above elements and factors relevant to an undue influence claim can be developed and supported by discovery during the litigation of a will challenge. New York courts follows a similar rubric, but there are important procedural and substantive distinctions.
This content is provided as background and does not constitute legal advice. The attorneys at our firm have many years of experience with probate issues. For more information or to schedule a free consultation, contact us at info@lalorattorneys.com / 646.818.9870.
Recent Comments