Undue influence is an issue commonly associated with Surrogate’s Court proceedings—whether it is a proceeding for the probate of a will, a proceeding to determine the validity of a gift, or even a proceeding for the appointment of a fiduciary. Indeed, it is often the linchpin to the outcome of a matter, and as such, relevant to its strategy. This is most pointedly revealed by opinions rendered within the past three months in which the issue of undue influence played a primary role in the courts’ determinations.
Decree Affirmed
In Matter of Marin, 2011 NY Slip Op 02011, the Appellate Division, Second Department, affirmed a decree of the Surrogate’s Court, Putnam County (DiBella, S.), which, inter alia, determined that the propounded will was duly executed, and was not the product of fraud or undue influence.
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