When a person dies without having a valid will, a decedent’s property passes to his or her heirs in a certain statutorily defined manner pursuant to what is called “intestate succession”.
Unbeknownst to the heir, however, the decedent had executed a subsequent will and it was that will which became the subject of a heated will contest litigation.
In New York the five grounds for contesting a will are as follows:
Improper Execution of the Will: When the people involved in the will’s execution do not follow New York’s formal requirements concerning will execution.
Forgery: When the signature on the will is proven not to be that of the testator.
Lack of Testamentary Capacity: When the decedent does not have the mental capacity at the time he or she executed the will to understand what they owned, who their relatives and friends were and/or what was in their will.
Fraud: When the decedent signs his will after being mislead about what is in the will or certain relevant circumstances outside of the will.
Undue Influence: When the decedent is manipulated generally by someone who they trust into making a will for that person’s benefit.
As you might suspect, these objections are far more involved than the brief reference made to them herein. And so, if you ever find yourself in need of either challenging or defending a challenge to a will, please contact our offices to discuss these and other relevant issues in more detail.
In the meantime, please remember to keep your will and a copy of it in a safe place and advise your executors named in the will where that is.
Sincerely,
Mario Biaggi Jr.
212-233-8000