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Home→Tags Substantial benefit

Tag Archives: Substantial benefit

Undue Influence Not Proven

Posted on March 10, 2024 by Daniel EvansMarch 10, 2024

The credible testimony of a reputable attorney who had known the decedent for many years created a presumption of the absence of undue influence. Conflicting testimony as to the health and mental state of the decedent was insufficient to establishe … Continue reading →

Posted in Opinions | Tagged Confidential relationship, Substantial benefit, Undue influence, weakened intellect

Undue Influence by Spouse

A will which directed the executor (who was the decedent’s long-time companion and later spouse) to distribute the residue of his estate “according to my wishes” would result in a distribution by intestacy, and so a later will which left … Continue reading →

Posted in Opinions | Tagged Substantial benefit, Undue influence

Lack of Cognitive Decline Negated Undue Influence

In a dispute over a number of documents and transactions executed before the decedent’s death, the court found that the respondents had helped care for the decedent and had a close and confidential relationship with the decedent, and that their … Continue reading →

Posted in Opinions | Tagged Confidential relationship, Substantial benefit, Undue influence, weakened intellect

Gift of Entire Estate Was “Substantial Benefit”

Partial summary judgment was granted on the “substantial benefit” element of undue influence when the contested will left the entire estate to the proponent of the will (who was also the mother’s caretaker) despite the proponent’s claim that the additional … Continue reading →

Posted in Opinions | Tagged Substantial benefit, Undue influence

Confidential Relationship not Shown

Objectant to will failed to show undue influence in the execution of her mother’s will in favor of her sister’s son when the only evidence of a confidential relationship between her sister and her mother was that her sister had … Continue reading →

Posted in Opinions | Tagged Confidential relationship, Substantial benefit, Testamentary Capacity, Undue influence, weakened intellect

Weakened Intellect not Shown

Proponent of will received substantial benefit under new will because his share of the estate increased from 6% to 35%, and his family’s share increased from 39% to 76%, and proponent had a confidential relationship with the testator, his aunt, … Continue reading →

Posted in Opinions | Tagged Confidential relationship, Substantial benefit, Undue influence, weakened intellect

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