The purpose of a will is for an individual to declare how his or her assets will be divided in the event of their passing. When issues arise with a will, an individual may want to contest it. Continue reading to learn more about the process of contesting a will in New York and how our skilled estate planning attorneys can help you and your loved ones.
Why should I contest a will?
There are several different reasons why a beneficiary will contest a will. Some of the most common reasons include the following:
- They believe the creator of the will was not of sound mind
- They believe some sort of forgery was involved
- They believe the will was not executed properly
- In order for a will to be valid in New York, it must be written and signed, and the signing must be observed by two witnesses who can assert that the creator of the will is of sound mind.
- They believe the will was created under the undue influence of another person
Contesting a will is not an easy task. In many cases, it is hard to prove that there was undue influence or forgery. However, with the help of an experienced estate planning attorney, they may be able to examine other documents and testimony pointing to discrepancies in a while in order to fight its validity.
Is this a valid will?
There are many components that make a will valid. A valid will abides by the following guidelines:
- The testator must either sign the will themselves or another person must sign the testator’s name at their direction and in their presence
- At least two people must witness the signature and sign their names on the will within 30 days of each other
- The testator must be at least 18 years old and of “sound mind and memory”
- At some point during the will’s execution and attestation, the testator must tell each witness that the document is their will
What if the will is invalid?
If a court determines that a will is invalid, it will likely be thrown out. In the event that there is no other will, the deceased individual’s assets will be passed on through the New York succession plan.
If you are looking to contest a will, it is in your best interest to reach out to our experienced firm today. Our legal team recognizes that after the passing of a loved one, litigation is likely the last thing you would like to deal with. Our attorneys are dedicated to ensuring that your estate planning needs are taken care of.
Contact our Firm
If you or a loved one needs assistance creating an estate plan and wishes to speak with an experienced attorney, contact the Law Office of Andres D. Gil, PLLC today.