New York Will Denied Probate For Undue Influence

A woman died at the age of 94 survived by a sister. Her alleged will nominated Bill as executor and bequeathedthe bulk of her residuary estate to him.

Bill was approximately 40 years the decedent’s junior. He was not related to her and was her self-described care provider. TheKings County, New YorkSurrogate found that Bill was the “driving force” behind the execution of the will.

It stated numerous factors raised an inference of undue influence. Testimony and court records revealed that Bill was the fiduciary in the estates of several women significantly older than himself, to whom he was not related and whose circumstances bore “a striking resemblance to those of decedent.”

Testimony presented the portrait of a man who “systematically took over” the personal and financial affairs of an elderly, fragile woman afflicted with dementia. The New York State Attorney General recommended denial ofprobate of the will, stressing the numerous inconsistencies.

The court agreed that the will contained inconsistencies undermining Bill’s claims. It noted, “most troubling of all,” was the will granting to Bill the “lion’s share” of the estate was drafted by him.

His testimony showed decedent’s complete dependence on him, persuading the court that he overpowered her will and the instrument she executed was a product of his volition. Thus, probate was denied by the Surrogate.

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