Undue Influence: Challenging a Will or Power of Attorney in New York

What is Undue Influence?

The New York Court of Appeals defines undue influence as “a moral coercion, which restrained independent action and destroyed free agency, or which constrained the testator to do that which was against his free will and desire” Matter of Walther, 6 N.Y.2d 49, 53–54 (1959).

In other words, undue influence occurs when the creator of a will is pressured or manipulated into creating, modifying, or revoking the document in a way that conflicts with their genuine desires. Such pressure commonly arises in relationships where the testator heavily relies on someone else, such as caregiving, transportation, or companionship.

Imagine a scenario in which an elderly woman becomes increasingly dependent on her next-door neighbor for daily care and emotional support. Over time, the neighbor discourages contact with family members, insisting that “No one cares about you except me,” and pressures the woman to change her will. If the woman’s final will leaves that neighbor a large share of the estate, replacing long-standing beneficiaries, there may be questions of whether the elderly woman acted freely in her decision-making.

How to Prove Undue Influence

Due to the private nature of these relationships, undue influence typically flies under the radar until the testator’s death. Suppose a family member discovers that the elderly woman’s new will suddenly cut out her close relatives, dramatically differs from what she always said she wanted, and leaves most of her estate to her neighbor. These developments understandably raise concerns and may lead the family member to consider challenging the will.

When concerns like these arise, the next question becomes who actually has the right to challenge the will. Only individuals who would be adversely affected by a change in the will, typically distributees or beneficiaries under the prior will who were removed, may file objections based on undue influence. In New York, “distributees” are those entitled to inherit under intestacy laws if no will exists, generally a spouse and children, or, if none, other close relatives such as parents or siblings.

Proving undue influence in Court can be challenging because it typically happens behind closed doors, and it is uncommon to have direct evidence. Instead, courts rely on circumstantial evidence to determine whether the testator’s free will was tampered with.

To prove undue influence, the challenger must show that the alleged influencer:

• Had a motive to influence the testator;
• Had the opportunity to exert that influence; and
• Actually exercised influence to the point where the testator’s decisions were no longer their own

Courts may also look at several factors, such as:

• Whether the testator was vulnerable due to age or illness
• The extent at which the testator depended on the alleged influencer
• Whether the testator was isolated from friends or family
• Whether the provisions of the will were a major departure from prior plans
• Whether the alleged influencer played a role in the drafting of the will or attended the will signing
• Whether the influenced received a disproportionate or unexpected share of the estate

No single factor may be enough on its own, but taken together, they can support a finding that the testator’s free will was compromised.

If a will is successfully challenged, the Court may:

• Invalidate the influenced sections
• Redistribute property to the proper heirs or beneficiaries
• Set aside the entire will

How Pierro, Connor & Strauss Can Help

Cases involving Undue Influence can be emotional, stressful, and complex. The experienced attorneys at Pierro, Connor & Strauss have experience reviewing suspicious estate plans, evaluating whether undue influence occurred, and guiding client through will contests in Court. Whether you are concerned that a loved one was pressured into changing their will or trust, or if you need help to defend a will that truly reflects your loved one’s true wishes, we can help you understand your options and protect your family’s interests.