NJ Family Issues

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Archive for the ‘Undue Influence’ Category

In probate actions, a party has standing to challenge the probate of a will or a lifetime transfer of assets because of undue influence, if he or she is a beneficiary, either testate or intestate

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November 18, 2014 at 10:13 am

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Where parties enjoy a relationship in which confidence is naturally inspired or reasonably exists, the person who has gained an advantage due to that confidence has the burden of proving that no undue influence was used to gain that advantage

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June 11, 2014 at 2:24 pm

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When an executor or trustee commits the pernicious tort of undue influence, it should result in an award of all reasonable counsel fees and costs

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June 11, 2014 at 2:21 pm

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Not all influence is “undue” influence

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May 1, 2014 at 7:30 am

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Elements necessary to create a presumption of undue influence

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June 9, 2013 at 10:22 am

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Persuasion is not undue influence if freedom of will remains intact

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April 15, 2013 at 8:54 am

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The burden of establishing a lack of testamentary capacity is upon the one who challenges its existence and that burden must be sustained by clear and convincing evidence

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April 15, 2013 at 8:35 am

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Bank accounts are often referred to as poor man’s wills

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March 8, 2013 at 10:27 am

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Although parent-child relationships are among the most natural of confidential relationships, the mere existence of family ties does not create a confidential relationship

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October 24, 2012 at 12:38 pm

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Undue influence

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August 16, 2012 at 11:45 am

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