Mother died at age 84 survived by twin daughters, Elizabeth and Julia.

One day after her mother’s death, Elizabeth petitioned for probate of a will executed less than four months earlier, which left her the entire estate.

Julia contested the will alleging fraud and undue influence on the part of the Elizabeth.

After a non-jury trial, the New York County Surrogate’s Court denied probate, determining that the mother possessed testamentary capacity but that the will was executed as a result of undue influence. The court found that both motive and opportunity were amply supported by the record.

It noted that Elizabeth not only had $160,000 in credit card debt at the time the will was drafted and executed, but also actively disliked her sister and took affirmative steps to interfere with her relationship with her mother.

The court added that Elizabeth, more than anyone, was in a position to exert undue influence on her mother in connection with the will since she had been in close contact with her and was intimately involved in the drafting and execution of the will.