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Actions that can expedite a will contest

| Nov 11, 2020 | Estate Litigation |

The thought of contesting a will can be both overwhelming and exhausting. People in New York who understand how to approach this setback may not only optimize their effort but save resources along the way.

Because there is more than one reason to contest a will, people would benefit from having a clear reason for their actions before they begin the process.

The role of witnesses

Doing anything alone can provide a bit of a challenge, especially if someone is trying to prove something with no support from others. U.S. News reminds people of the importance of having witnesses sign their will. When people select witnesses, they should look for people who do not have an emotional connection to the estate. For example, the witnesses are not listed as beneficiaries and do not stand to gain anything from acting as a witness. They must also be at least 18 years of age.

When people announce their desire to contest a will, the courts may call witnesses to testify in the case. If for example, the will in question appears to contain a fraudulent signature, the testimony of witnesses can provide instrumental support in establishing a case.

The value of time

Allowing too much time to lapse between realizing something is amiss with a will and doing something about it is one of the more common mistakes people make when contesting a will. Forbes reminds people that efficiency can make a considerable difference in the outcome of their efforts.

In many cases, people have limited time in which they can legally contest a will. Quick thinking and confident decisions can expedite the process and prevent costly losses.