Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Saturday, July 11, 2015

New York Court Case Deals With Undue Influence

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The Matter of Wechsler
is a case that will go on trial dealing with the question of whether Lewis Wechsler was a victim of undue influence when he transferred most of his assets over to his second wife.  Undue influence is a difficult thing to prove because people are subjected to different degrees of influence on a daily basis.  Evidence like medical records and nurses notes can be gathered to build a case for an undue influence claim.  In this specific case Mr. Wechsler’s decision to transfer his entire estate to his wife went against his long standing testamentary scheme.  There is an allegation that he was influenced by his sister and niece who were both psychiatrists and may have used their skills to convince him to sign the documents that transferred his assets. 

See Philip Bernstein, Undue Influence Claim Deemed Sufficient To Go To Trial, The New York Probate Litigation Blog, July 3, 2015.

Special thanks to Jim Hillhouse for bringing this article to my attention. 

https://lawprofessors.typepad.com/trusts_estates_prof/2015/07/new-york-court-case-deals-with-undue-influence.html

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