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Estate Planning › Undue Influence Claims › Beneficiaries

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Winstead PC

Court Affirmed Summary Judgment Order Finding That A Will Should Be Set Aside For Undue Influence

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In Monariti v. Monariti, a will contestant filed a motion for summary judgment, alleging that the will should be set aside due to undue influence. No. 14-23-00062-CV, 2024 Tex. App. LEXIS 6476 (Tex. App.—Houston [14th Dist.]...more

Warner Norcross + Judd

What Type of Facts Support a “Confidential or Fiduciary Relationship” Determination to Trigger the Presumption of Undue Influence?

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Two recent Michigan Court of Appeals cases delve into what it takes to successfully pursue an undue influence claim. In re Sherrod Estate, No 369863, 2025 WL 855275 (Mich Ct App Mar 18, 2025) (unpublished) and In re Estate of...more

Stark & Stark

Contesting a Will in Pennsylvania: Understanding Your Rights

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In Pennsylvania, contesting a will is a serious legal action that should not be taken lightly. It can be emotionally challenging, especially if you believe that the will does not reflect the true intentions of the deceased....more

Warner Norcross + Judd

Can Undue Influence be Proven Without a Direct Eyewitness?

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A recent decision of the Michigan Court of Appeals illustrates how the presumption of undue influence operates in a will contest when there is no eyewitness evidence of undue influence. In re Jones Estate, 2024 WL 5198621...more

The Estate Lawyers

Protecting Clients and Their Estates from Undue Influence - Part 3: Planning vs. Litigating

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Why do estate planners — traditionally non-litigating attorneys — sometimes end up in litigation? The mindset of an estate planner is about helping people. You work to help clients make and carry out major life...more

The Estate Lawyers

Protecting Clients and Their Estates from Undue Influence - Part 2: Confirming Undue Influence and Preparing for Action

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A wealthy man with four adult children, three daughters and a son, left millions to his daughters when he died, but nothing for his son. Was that the father’s intention? The answer came after much acrimonious litigation...more

The Estate Lawyers

Protecting Clients and Their Estates from Undue Influence - Part 1: Understanding and Identifying Undue Influence

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A wealthy man with four adult children, three daughters and a son, left millions to his daughters when he died, but nothing for his son. Was that the father’s intention? The answer came after much acrimonious litigation...more

Saul Ewing LLP

What If I Object to an Account Change That Now Does Not Reflect My Parent’s Intentions?

Saul Ewing LLP on

Account changes by a loved one are often done in secret, and direct evidence of undue influence is rarely available. In cases where manipulation has led to changes in a beneficiary designation that have caused you harm, the...more

Winstead PC

Court Affirmed Order Admitting Will To Probate Over Undue Influence Allegation And Over An Alleged Subsequent Holographic Codicil...

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In Mynard v. Degenhardt, a decedent’s grandson offered a will to probate, and his aunt opposed that admission due to an alleged holographic codicil that allegedly revived a previous will. No. 14-22-00773-CV, 2023 Tex. App....more

Stark & Stark

What is Undue Influence in the Context of a Will Contest?

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During a Will contest, a party challenging a Will may assert that the Will was the product undue influence being exerted over the decedent by the party who benefited by the disputed Will. The question arises: What is what is...more

Warner Norcross + Judd

Undue Influence Claims: Does Assisting an Elderly Person with Their Finances Create a Confidential/Fiduciary Relationship?

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In Horton, the Michigan Court of Appeals explores the nuisances of an undue influence claim and when the presumption of undue influence can be triggered. Undue influence is a claim that can void a legal transaction if it is...more

Winstead PC

The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery - Presentation

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David F. Johnson participated in a panel presentation entitled “The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery?” for the Offshore Alert Miami Conference on April...more

Winstead PC

Appellate Court Affirms Findings That Decedent’s Will Was Not A Product Of Undue Influence And That He Had Mental Capacity

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​​​​​​​In In re Estate of Hogan, a father executed a new will, leaving his estate to one of his sons (Harold) and disinheriting his other son (Gary). No. 11-20-00170-CV, 2022 Tex. App. LEXIS 3863 (Tex. App.—Eastland June 9,...more

Downey Brand LLP

Late Trust Contest May Trigger Enforcement of No Contest Clause

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No contest clauses generally are not enforceable against beneficiaries of California trusts when there is “probable cause” to challenge the trust instrument. Yet the probable cause safe harbor may disappear if the contest...more

Winstead PC

Court Affirmed Admitting A Codicil To Probate As The Testator Had Mental Capacity And Was Not Unduly Influenced And Discussed...

Winstead PC on

In Dillon v. King, one sister contested their father’s will and codicil and also asserted other claims against her sister. No. 05-20-00215-CV, 2022 Tex. App. LEXIS 2991 (Tex. App.—Dallas May 4, 2022, no pet. history)....more

Stark & Stark

Red Flags Indicating a Potentially Invalid Will

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When considering whether to contest a decedent’s Last Will and Testament, an individual should consider whether red flags might be present which may point to a successful basis to challenge a disputed Will. The purpose of...more

Farrell Fritz, P.C.

The Court of Appeals Takes a Look at an Undue Influence Claim from a Non-Jury Trial

Farrell Fritz, P.C. on

The COVID-19 pandemic has forced litigants to wrestle with the dilemma of waiting for a jury trial or moving forward more expeditiously by way of a bench trial.  Recently, the Appellate Division, Fourth Department, and the...more

Ruder Ware

Pros and Cons of Using the No-Contest Clause

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Drafting an estate plan allows a person to put into writing their wishes for division of assets upon death. Sometimes this means making a choice to give more to one child over the other, or to completely write out natural...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - December 2021

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Daughter with Power of Attorney Had Burden to Show No Undue Influence over Father - Coscia v. Sweezey, 2021 WL 4765696 (Mass App. Ct. October 13, 2021) - Does holding a power of attorney from a parent in declining...more

Freeman Law

Challenging Testamentary Capacity in Texas

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When an interested party contests the capacity of the testator, what standard do courts use to determine the validity of a will? The recent case of Neal v. Neal provides insight. In that case, following her diagnosis of...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - September & October 2021

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Decedent’s New York Residence at Time of Death Does Not Create Jurisdiction in New...more

Downey Brand LLP

Will California SB 315 Improve Revocable Transfer on Death Deeds?

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The thrifty do-it-yourselfers among us might jump at the opportunity to transfer their family home to their kids while avoiding probate and the expense of creating a trust. Revocable Transfer on Death Deeds, or RTODDs, have...more

Conn Kavanaugh

Defining Testamentary Capacity

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In Haddad v. Haddad, the Massachusetts Appeals Court sent a stark reminder to probate litigators about just how difficult it is to prove a claim of lack of testamentary capacity. Such a finding must rely on specific facts...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – November 2020

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Assailant's Spendthrift Trust Accessible to Child of Murdered Parents - de Prins v. Michaeles, SJC-12865 (October 20, 2020) - In de Prins v. Michaeles, the Massachusetts Supreme Judicial Court (SJC) tackled a trust...more

Gray Reed

Grandma Left the Money to Whom? Legal Options for Undue Influence and Changing of Wills

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In Texas, undue influence is generally described as such influence or dominion as to destroy the free agency of the testator, and substitute the Will of another in its place – compelling the maker of the Will to do that which...more

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