Four Premises to Contest a Will
Just being dissatisfied with the circulation of assets or the delay of the probate case in general is not enough grounds to successfully contest the validity of a last will and testimony. A beneficiary of an estate or a recipient of a prior will can commence a will challenge based upon a number of enumerated grounds.
Absence of Testamentary Capability
The most common challenge started in Surrogate’s Court is the allegation that the developer (ie testator) did not have the capacity to make a will. Essentially, this suggests that the testator of the last will and testimony was not in a sound mindset when he carried out the instrument. The testator should have the capacity to make a will, there is no way around it. This implies that the testator was conscious, not affected by any intoxication, emotional disruption, or medical and external impacts. In a lack of capacity obstacle, the party contesting the purported will claims that the testator was
When contesting a will based upon absence of testamentary premises, the party ought to be prepared to prove that the testator did not have the mental personality to make a logical and conscious choice, and did not fully understand the repercussions of creating the stated document. The Court will completely examine the decedent’s medical records in making its choice.
Failure to Abide With Will Formalities
Another typical ground for a contest is the accusation that the will was not correctly executed. Each state has its own requirements regarding what practices and formalities need to be executed during the solution of the will. In New York City State, and as with many other states, a last will and testimony should be (1) in writing; (2) signed by two witnesses; and (3) declared by the testator to the witnesses that they are signing a will.