Legal Question in Wills and Trusts in New York

If he can prove fraud or undue influence. Very difficult to do.

In a typical playground or schoolyard, one hears the piercing wail of a child screaming, "Not fair." That may work in the playground, but it doesn't work in seeking to declare a will invalid. One is free to draft a will that excludes anyone except one's spouse.

The issues are few:

1. Was the will properly executed? This involves an inquiry as to whether the formal requisites of New York law have been adhered to. It also may involve an inquiry as to whether the signature is genuine. If so,

2. Did the testator have requisite testamentary capacity at the time of the execution of the will?; If so,

3. Was the will the product of the testator's free will?

If these three questions can all be answered in the affirmative, it is extraoridinarily doubtful that there is any impediment to the probate of the will.

Good luck to you.

I agree with the other authors - it will be nearly impossible to overturn the Will, when all facts are presented. Remember, anybody can sue someone, but this does not mean they will prevail.