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Will/Trust Challenge: Undue Influence
People who make wills and trusts are often susceptible to influence. Undue influence provides a basis to invalidate a will. It occurs when a wrongdoer overcomes a decedent’s free will and causes the decedent to make a will or bequest that the decedent would not otherwise have made. The influence may be forceful, threatening or, alternatively, subtle, enveloping pressure. In every case the focus of our efforts is the target perpetrator who often has become an enhanced beneficiary.
We have the skill and experience required to gather and secure evidence necessary mount a challenge for undue influence. In our work, we often conduct extensive investigations driven with an objective to prove that but for the undue influence, decedent never would have signed the document. We conduct SCPA 1404 examinations of witnesses under oath in court, depose witnesses and interview witnesses prior to trial, and demand documentary evidence from opposing counsel and third parties.