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For Estate Planning, Estate Administration And Disputes

What are reasons to contest a will?

On Behalf of | Mar 23, 2020 | Estate Administration & Probate |

In New York, some people have the ability to contest a will. This does not apply to everyone. But it is good information for next of kin or other relatives of the deceased.

Let us say you already established that you have standing. It is within your rights to contest a will. Today, we will look at reasons to contest. After all, the courts will not consider every reason valid.

Suspicions that the will is not legitimate

There are several reasons to contest a will. The first category is forgery, fraud or undue influence. This means that someone else created a false will. They may have altered segments of the real will. They may have forged the deceased person’s signature on a false document. What about undue influence? In this scenario, your loved one is the writer of the will. But they are under someone else’s influence. Due to that, they sanctioned something they would not have agreed with under normal circumstances.

Old wills vs new wills

In the next scenario, you find a more current will. The most common example is if you discover a more up-to-date will than the one referenced. In a new will, the will writer often states that this will trumps the old one.

A will must have appropriate and sufficient witnesses as well. Most of the time, you need more than one witness. In most states, you cannot have an heir as a witness. This prevents conflict of interests.

If you wish to read more about reasons to contest a will, visit our webpage. You can learn about this topic. You can also read about ways of contesting wills and who has a legal standing to do so.