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You are here: Home1 / Areas of Practice2 / Wills, Trusts & Estates3 / Estate Litigation4 / Will Contests

Will Contests

New York State law is very specific as to how to make a valid will. If those rules are not followed, your will may be subject to a will contest. If someone with an interest in your estate believes that their rights were denied and there is something wrong with the will, they may contest the validity of your will. In such situations it is important to take help from qualified will contest lawyers.

A common example of when a will contest occurs is where an individual had an inheritance in a previous will, a new will excludes them and they believe their rights were denied. In this example, the individual who was excluded from the will may challenge on several grounds:

  • Lack of testamentary capacity: the Surrogate’s Court looks at the testator’s age or the testator’s state of mind at the time the will was executed; the testator must be able to think with sufficient clarity (sound mind, execute will without prompting), understand the extent of his estate, and know the natural objects of his bounty.
  • Undue influence or fraud: unfair psychological persuasion by someone to be named as a beneficiary in testator’s will. Undue influence or fraud involves the misuse of a position of trust and confidence.
  • Improper execution: the Surrogate’s Court looks at whether the will was validly executed, the testator was an adult, the will was written, signed at the end by the testator, published, and signed by two witnesses in the testator’s presence.

Should the Surrogate’s Court determine that all or a portion of the will are invalid, the Surrogate’s Court will then determine how your property should be distributed. Generally, the Surrogate’s Court will distribute your property as if no will existed under the laws of intestacy.

If a will is being challenged or you feel a will should be challenged, it is important that you have an attorney who understands will contests and that can work to arrive at a resolution. We will ensure you understand the process every step of the way. The Will Contests lawyers at James G. Dibbini & Associates, P.C. have over 20 years of experience in Wills, Trusts & Estates.

In order to learn more about Will Contests or you have a Wills, Trusts & Estates matter you would like to discuss, please feel free to contact our office directly at (914) 965-1011.

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This web site is designed to provide general information only and to help in the choice of appropriate legal counsel. The information contained herein should not be construed as legal advice. Legal jurisdictions differ on major and minor aspects of the law and each legal situation is unique; requiring that all legal situations be addressed with qualified legal counsel. Prior results do not guarantee a similar outcome. Submitting or receiving information or questions through this web site does not create an attorney client relationship. No attorney client relationship will exist unless you meet with one of our attorneys and sign a retainer agreement. Please do not submit any information that is case specific, personal or confidential. If you have legal problem or issue you should always consult with a qualified lawyer experienced in the appropriate area of law. We would be glad to discuss your specific situation with you, should you so desire, by phone at (914) 965-1011.

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