In Matter of Martinez (238 N.Y.L.J. 56, Sept. 19, 2007, at 33, col 4 [Sur Ct, New York County]), the court addressed a will which left everything to a person who had been in a confidential relationship with decedent. The court noted that "[w]hen the person alleged to have benefitted by the exercise of undue influence is in a confidential of fiduciary relationship with testator, an inference arises that her influence was undue ... requiring the beneficiary to explain the circumstances of the bequest." The court went on to say: "An additional factor to be considered is that the propounded instrument materially deviates from decedent's prior testamentary pattern. Under the penultimate instrument, which was found in decedent's apartment after his death, [decedent's life partner] or members of decedent's family are the beneficiaries. By contrast, the propounded instrument provides that if proponent predeceased, her "heirs" would take, although there is no indication that decedent had ever met such persons or even knew who they were" (Matter of Martinez, NYLJ, Sept. 19, 2007, at 33, col 4 [Sur Ct, New York County]).