Litigants in Surrogate’s Court cases and Supreme Court guardianship matters often bring claims challenging transactions to which elderly and infirm individuals were parties. Will contests are an obvious example of this as they have been around for time immemorial and they almost always include claims that the testator lacked the requisite mental capacity to form a testamentary instrument and that the will was the product of undue influence.

These same claims are applied in other contexts too, such as challenges to transactions that confer some pecuniary benefit or another, such as inter vivos asset transfers, contracts, the formation of trusts, and even marriages, to name just a few.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]