Undue Influence
Jul 19, 2010OUTCOME: Satisfactory settlement
In this matter the decedent was dying of cancer. The last thirty days of his life were spent in the hospital. Ten days before he died, his lover came to him and had him sign a will leaving everything t ... o his lover (approximately $6 million in cash and real estate). I represented two sisters. Upon investigation and with the concurrence of my clients, I filed a will contest, alleging that the Will was not valid because of undue influence or alternatively, that the decedent was not competent when the will was signed..... Discovery included obtaining hospital records, nurse's notes and doctor's records, as well as deposing some of the decedent's doctors. All of these records were reviewed by the forensic psychiatrist that I work with, who concluded that based on the drugs given to the decedent, he could not have resisted undue influence and was likely incompetent when the Will was signed.... This matter was set for trial. On the day of trial the court ordered one last attempt at settlement. After 5 hours the proponent of the Will agreed to reduce his claim from 100% of the estate to just 25%. This was a satisfactory outcome for my clients.