Can an intestate succession be challenged on the basis of undue influence?

Yes, an intestate succession can be challenged on the basis of undue influence. Under New York law, a person can challenge the validity of an intestate succession if they can show that it was procured by fraud, duress, or undue influence. A claim of undue influence is a legal theory that is used to contest a person’s will or other legal documents. To successfully challenge an intestate succession, one would have to prove that the deceased was unduly influenced to make his or her decisions concerning inheritance. Undue influence occurs when someone manipulates another person in order to gain an unfair advantage over them. This includes manipulation of the physical or mental health of the person, or exploiting their ownership of assets or money. Someone who is found to have used undue influence can be found liable for their actions, and the decisions can be reversed. The burden of proof is on the person challenging the succession, however, and they must prove that the deceased was manipulated in order to gain an unfair advantage. It is important to remember that the law surrounding undue influence is complex, and it is important to get legal assistance when trying to challenge an intestate succession. Other possible bases for a challenge include fraud, duress, lack of testamentary capacity, lack of knowledge or understanding of the terms in the document, or the document being signed under the wrong circumstances. An experienced attorney can weigh the facts of your case and help you determine if a challenge based on undue influence is the best option for you.

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Can an intestate succession be challenged on the basis of undue influence?

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