Case Update: Circumstantial Evidence of Undue Influence Can Get You Past Summary Judgment

Robin Moles died and wrote a will disinheriting the longstanding beneficiaries of the decedent’s earlier will. Her nephew claimed undue influence and lack of testamentary capacity. The New York County Surrogate granted the proponent’s motion for summary judgment. The nephew appealed.

In In re Will of Robin Moles, the Appellate Division reversed the Surrogate and held that there were issues of fact as to whether or not the decedent really understood that her new will would disinherit those she had in her previous longstanding will. Issues that were considered circumstantial evidence surrounded the signing of the will included: condition of the decedent’s health, and family relationships that indicated there might be some undue influence on her.

The evidence has to be substantial to demonstrate undue influence. Proving undue influence is “the legal equivalent of climbing a mountain.” The nephew will have to show that the intention and will of another substituted for the will of Robin Moles. The case has been remanded to the Surrogate for trial.

Philip Bernstein, Circumstantial Evidence Leads To Finding of Triable Issues of Fact In Undue Influence Claim, The New York Probate Litigation Blog, Jan. 17, 2012.  See also In re Will of Robin Moles, 90 A.D.3d 473 (2011).