One of the common reasons why people contest a will in New York is for undue influence. According to the American Bar Association, undue influence is psychological abuse and why there is no one standard definition, it is typically considered any acts of manipulation that forces a person to take or not take a certain action.
This type of manipulation may often involve excessive persuasion. It usually means one person is taking away the free will of the other person. Finally, the results of the undue influence usually result in an unfair situation. This is especially true when it comes to wills since this manipulation could end up cutting others out of the will who rightfully have a claim.
It is common for undue influence to be proven through looking at some key factors. To begin with, the victim has to be vulnerable in some way and the person doing the manipulation has some authority or power over the victim. The results should be unfair and the actions and tactics used need to have been manipulative. This may vary from court to court because the definition of undue influence is not always clearly spelled out under the law.
Undue influence is more common with older individuals, but it can happen to anyone. It can be subtle or can be done through threats and intimidation. It usually happens in private, but the results become apparent once the results are revealed. This information is for educational use only and is not intended as legal advice.