Legal Question in Wills and Trusts in New York

under what circumstances can a will be contested and how to do the contesting?


Asked on 5/10/12, 10:44 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

A will may be contested for three reasons: 1. There was a subsequent will, 2. The document does not have the requisite formalities (ex. not witnessed by 2 disinterested people), 3. The testator (person signing the will) did not have the capacity through either mental impairment or fraud.

A will is generally contested when the document is submitted to probate through objections.

Mike.

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Answered on 5/10/12, 11:59 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Mike and add undue influence by a beneficiary as an additional ground. Objections must be filed with the Surrogate and a Court hearing will ensue to make a determination. I should caution you that Will contests can be and usually are very time consuming and expensive. Perhaps mediation is a viable alternative.

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Answered on 5/11/12, 10:30 am


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