Understanding “undue influence”

While creating an estate plan is a wise move for any adult living in New York, many people fail to take important steps to plan for their futures and get their affairs in order until they are old or in particularly poor health. This can prove problematic, however, because in some cases, other people take advantage of older Americans who they believe they can easily influence, and they may exploit the trust of an aging American if they think doing so would be to their benefit. At Joseph A. Ledwidge, P.C., we understand that undue influence is a common reason courts may deem a will invalid, and we have considerable experience helping others with similar concerns pursue solutions that meet their needs.

According to the American Bar Association, undue influence, although somewhat difficult to define, refers to someone’s efforts to manipulate someone else for his or her own personal gain. While undue influence can affect virtually anyone, those with memory loss and related issues are particularly vulnerable to this type of treatment. Older Americans, for example, may find that others exploit them for their own financial gain, and those responsible for doing so may try to isolate the victim in an effort to better protect themselves from detection.

Deciphering between undue influence and simple persuasion can prove difficult, however, so many judges and juries consider certain factors when determining whether undue influence is at play. For example, a judge or jury will likely consider the vulnerability of the victim and the degree of authority the influencer has over this person when determining whether someone experienced undue influence.

Judges and juries may also consider the tactics used by the influencer, and the results of the influencer’s behavior, before making final determinations about undue influence. You can find out more about this and other common reasons for contesting wills by visiting our webpage.

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Joseph A. Ledwidge, P.C.
17026 Cedarcroft Road
Jamaica, New York 11432

Phone: 347-395-4799
Fax: 718-701-3726
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Joseph A. Ledwidge, P.C.