Undue Influence Claims

News & Analysis as of

Wife's Undue Influence Over Changes Made to Husband's Trust Voids Changed Terms of the Trust

A California court of appeal affirmed a ruling voiding the terms of a trust after finding that there was ample evidence to support that the decedent's wife used undue influence over him to change the trust. The court held in...more

The Differences Between Litigating a Will and a Trust

Just as wills and trusts are two distinct types of estate planning documents, there are also differences in the ways each document can be challenged by disgruntled persons hoping to lay claim to the assets contained therein. ...more

Illinois Supreme Court Holds Will's Language Can Suggest Lack of Capacity, and Adopts Cause of Action for Equitable Adoption

A testator has held a younger man out for nearly sixty years as being his son. When the testator drafts a will stating that he has no children, is that statement a sufficient basis to plead a will challenge based on lack of...more

Illinois Supreme Court Will File Two New Civil Opinions on Thursday Morning

This afternoon, the Illinois Supreme Court announced that it will file two opinions in civil cases on 9:00 a.m. on Thursday morning. The upcoming opinions are...more

New Jersey Estate Litigation: The Availability of Punitive Damages

In In re Stockdale, the New Jersey Supreme Court addressed the availability of punitive damages in estate disputes involving undue influence claims. 196 N.J. 275 (2008). ...more

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