Legal Question in Wills and Trusts in New York

time table of admissable evidence on a will contest
I am the beneficiary of a will written in 1995. The chilren of the deceased are contesting the will on undue influence. They claim they have eveidence of a letter that my aunt wrote in 2004 that I took advantage of her on something other than the written will. Would a letter written in 2004 be used to show undue influence on a will written in 1995? They have no evidence of undue influence because there was none and are looking for something.

Asked on 12/02/05, 12:14 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

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Re: time table of admissable evidence on a will contest

While your actions took place after the making of the Will, they might be evidential, although long past the events of the Will. Be prepared to show (1) You did nothing by way of undue influence at the time the Will was made and (2) If what you did was so bad that your aunt should or could have reacted, she did not change her Will after you did it; thus intending to keep you in it. Point (2) presumes she was still competent after whatever it was took place, so she could have the capacity to change her Will and that she did not die soon afterwards so was prevented from changing it.

Answered on 12/03/05, 2:09 pm

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