Summary
In Matter of Zirinsky (10 Misc 3d 1052 [A] [Sur Ct, Nassau County [2005] affd 43 AD3d 946 [2d Dept 2007]), this court stated the factors to indicate the exercise of undue influence as: 1) the physical and mental condition of the testator; 2) whether the attorney who drafted the will was the testator's attorney; 3) whether the propounded instrument deviates from the testator's prior testamentary pattern; 4) whether the person who allegedly wielded undue influence was in a position of trust; and 5) whether the testator was isolated from the objects of his natural affection.
Summary of this case from In re Will of KalathakisOpinion
November 18, 2005.
Wills — Probate — Undue Influence.