Appellate Victory for Goetz Platzer LLP Over Undue Influence Challenge
Alison Arden Besunder of Goetz Platzer LLP recently argued the appeal in Matter of Baird before the New York Appellate Division, Second Judicial Department, representing the Appellants, the daughter and granddaughter of the Decedent, in a high-stakes dispute challenging the validity of a Will and Trust executed by a 101-year-old Decedent. With over two decades of experience in Surrogate’s Court and appellate matters, Alison Arden Besunder, whose practice focuses on complex estate and trust litigation, including contested probate proceedings, fiduciary disputes, and appeals, successfully demonstrated that the record contained significant factual questions about undue influence that required a full evidentiary hearing. Read the Court’s March 18, 2026 Decision and Order here.
Matter of Baird involved a Decedent whose testamentary plan had long treated his four children equally. A new Will, however, executed later in his life, reduced one daughter’s inheritance to a fixed sum and left the remainder to his three sons, with a contemporaneous revocable trust mirroring the same distribution. These changes raised concerns among family members about whether the Decedent was acting independently or under pressure from others.
After the Decedent’s passing, the daughter and granddaughter challenged both the Will and the Trust, raising, among other claims, lack of due execution, lack of capacity, and undue influence. The Surrogate’s Court dismissed the objections on summary judgment and admitted the Will to probate, effectively ending inquiry into the circumstances of the Decedent’s estate plan.
On appeal, however, the outcome shifted meaningfully. While the Court reaffirmed the high standard for challenging testamentary capacity and due execution, it drew a clear distinction between mental capacity and vulnerability to influence. A person may understand their decisions yet still be subject to manipulation or pressure, and in Matter of Baird, that distinction proved decisive.
On the issue of undue influence, the Appellate Division agreed with the Appellants that the claims had been improperly dismissed. The Court determined that questions of undue influence required evaluation in the context of the factual record. Here, the record includes evidence that one of the Decedent’s sons exercised substantial control over his finances, communications, and daily care, raising questions about dependency and vulnerability and triable issues of fact. As a result, the Appellate Division reversed the Surrogate’s Court’s ruling, denied summary judgment, and restored the claim for trial.
At Goetz Platzer LLP, we help clients navigate contested probate and trust proceedings, ensuring that complex legal issues are fully addressed and clients’ rights are protected. With extensive experience in matters ranging from capacity and undue influence claims to broader estate and fiduciary disputes, we provide strategic guidance and representation at every stage of contested proceedings.
