HOW IS UNDUE INFLUENCE PROVEN BY A NEW YORK WILL OBJECTANT?

At a minimum, the objectant must make a showing of actual acts of undue influence, including time and place of the occurrence. An objectant seeking to prove undue influence must prove three elements: motive, opportunity and actual acts of undue influence.

It must be shown that the influence exercised amounted to a moral coercion, which restrained independent action and destroyed free agency or which, by importunity which could not be resisted, constrained the testator to do that which was against his free will and desire, but which he was unable to refuse or too weak to resist.

At a minimum, the objectant must make a showing of actual acts of undue influence, including time and place of the occurrence.

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