Summary Judgment Dismissed: Notes Support Suspicion of Undue Influence

Monday, January 24th, 2011

In Quinlan v. Caron, the court granted summary judgment on the issue of testamentary capacity while dismissing summary judgment on the issue of undue influence.  Referencing the capacity assessor’s notes, the court found that the suspicion of undue influence was a genuine issue for trial. The testator, Madeleine, changed her Will ...

To Undue, or Not too Undue? What Does Undue Influence Look Like?

Thursday, September 23rd, 2010

A U.S. Supreme Court judge once memorably remarked that he could not define obscenity but "I know it when I see it...” The concept of undue influence in estate litigation is similarly elusive (although perhaps less polarizing a topic than censorship of pornography!). Generally, a successful will challenge on the grounds ...