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A New York will contest can be tied before a jury, but only if it the objections survive a summary judgment motion. In order to survive a summary judgment motion, the objectant to the will must show that there is a reasonable chance that the objections can succeed, that there is a reasonable issue of fact for the jury.
See for example how summary judgment could work in an undue influence ground for a will challenge. If the proponents or beneficiaries of a will are not related to the decedent, I would think that the objections would survive a summary judgment motion and would go to the jury, as long as there are signs of a confidential relationship between the beneficiaries and the decedent, since there is an inference of undue influence. A Power of Attorney or healthcare proxy is an automatic ruling of confidential relationship.
If the beneficiaries are related to the decedent, then it would be harder for a will challenge to survive a summary judgment motion, since there is no inference of undue influence for relatives even if there is a confidential relationship.
Here is more information about winning a New York will contest.
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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.
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
