Here is a list of the possible grounds for contesting a will in New York:
Incapacity – the person is not competent to make a will when they either
Undue Influence – the will was made as a result of someone else’s influence, as opposed to as a result of the will of the person who signed the document.
Duress – the person signing the document was forced to sign it. They were threatened that something bad will happen in their life if they will not sign it.
Forgery – the handwriting in the signature was forged. The person whose name appears in the document never actually signed it.
Fraud – the will is signed as a result of someone lying to the person who signed the document. The lie can be about the document being signed, hiding the fact that it’s a will from the person who is signing it. The lie can also be about some circumstances tied to the will, such as the other children of the person who made the will doing something that the person who made the will does not approve of.
Revocation – the person who made the will cancelled it, either by destroying it or by executing another will that superseded the one in question.
Lack of due execution – unless the will has all of the following elements, the will is not valid:
It is up to the person bringing the will to probate to present the basic proof that the will was executed with all of the “due execution” elements listed above.
After that, it is up to the person bringing the New York will contest to prove that the will is invalid, by proving the existence of one of the grounds for will contest listed above.
If a will was made to favor a non-relative caretaker or professional, there is an inference of undue influence. That inference can be rebutted by the person benefitting from the will.
Bringing a will contest usually involves the examination under oath of the witnesses to the will, the attorney who drafted the will, the person who allegedly procured the will and of all other people involved. A will contest also involves finding the medical providers of the person who allegedly executed the will, requesting the deceased person’s medical records and then examining the medical records for any evidence of incapacity. Learn more about winning a will contest in New York.
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Call the Law Offices of Albert Goodwin at (212) 233-1233, New York estate, guardianship, wills, trust, medicaid and probate lawyer, and make an appointment to discuss your will contest.