What Makes a Will Invalid in New York? | What To Know

Please read on, then contact an experienced Putnam County wills attorney to learn what makes a will invalid in the state of New York?

How can a will be made invalid in New York?

When considering how to make your will as uncontestable as possible, you should review the following factors:

  • Last-minute changes: One of the most commonly contested situations occurs when a deceased person executed a will close to the end of his or her life that substantially alters his or her estate plans. Individuals whose inheritance is reduced or eliminated will most likely challenge your document, arguing that the deceased, who was dying or experiencing serious mental disorders, was vulnerable to the influence of others at the time of the last-minute changes.
  • When a person unfairly demonstrates control: If a person gains control of your healthcare and finances and shortly thereafter a new estate plan is created, you can expect your will to face significant difficulties.
  • Undue influence: Does the new estate plan specifically benefit the person unfairly demonstrating control? If so, you can bet it will be contested.
  • Issues of mental capacity: Those who contest your will might argue that your mental capacity was questionable due to either a degenerative condition or an intervening event that resulted in diminished mental capacity.
  • Validity and the Law: Did you make your lawyer a beneficiary? If so, that could create problems.
  • Execution errors: A lack of clarity and clear direction in your will can lead to errors, which may put the document’s legitimacy in jeopardy.
  • Unexplained changes: While it will not entirely eliminate the likelihood of contestation, expressing the reasons for a drastic change will go a long way toward proving you had sufficient mental capacity, were free of undue influence and followed the law in drafting your will.

If you worry about the validity of your New York will, you would be well advised to reach out to a skilled Putnam County estate planning attorney to discuss your options and begin the process.

How can a New York estate planning attorney ensure your will is valid?

No matter what you do, how clear and unequivocal the language is and how strict the terms are, your will stands the risk of being contested by someone who was either not named as a beneficiary or else had their bequest reduced. It is a fact of life. However, a seasoned legal professional will help you write your will in such a way as to minimize or defeat the chances of a successful contestation. With our assistance, it is very possible that any judge with respect for the Law will summarily dismiss any challenges to your estate plan. That is why you should not hesitate to give us a call today.

Contact our Firm

If you or a loved one needs assistance creating an estate plan and wish to speak with an experienced attorney, contact the Law Office of Andres D. Gil, PLLC today.

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