Will Litigation Services in New York - Contest Your Will Today

You will need to prove at least one of the following contest grounds:

• Improper Execution - A will must be properly signed by the testator (the writer of the will) and properly witnessed by at least two people who must also sign the will at the end of the document. A will can be contested on the grounds that these signatures or the drafting of the will do not meet the legal requirements. A will can also be challenged if there are ambiguities in the document.
• Lack of Mental Capacity - A will can be declared void if it can be proven that the testator was senile, delusional or of unsound mind at the time it was written and signed. In order for a will to be valid, the testator must be able to understand the extent and nature of their assets and be aware of the parties to whom the assets will be distributed.
• Undue Influence, Duress, or Fraud - When a testator has been coerced or improperly compelled to execute a will, that will could be deemed invalid. A fraudulent will is one that is signed based on false statements made to the testator. Again, these allegations are difficult to prove and require expert knowledge of the laws governing will contests.
• Discovered Second Will - If proven valid, a newer will replaces the older will. There are time limitations and constraints after which you may not be able to contest a will. The time frame in estate litigation differs from other areas of law that may carry statutes of limitations of years. Matters involving the validity of a will must be initiated immediately. Quick probate times are in effect to ensure that bills are paid and assets can be distributed in a timely manner. Once a will has been accepted for probate it becomes extremely difficult to initiate legal action to contest that will.