Merely being unhappy with the circulation of assets or the hold-up of the probate proceeding in basic is not adequate premises to effectively contest the validity of a last will and testimony. An heir of an estate or a recipient of a prior will can start a will challenge based upon a variety of enumerated grounds.
In an absence of capacity obstacle, the party objecting to the purported will claims that the testator was
When objecting to a will based on absence of testamentary premises, the party must be prepared to prove that the testator did not have the mental personality to make a reasonable and conscious choice, and did not fully comprehend the effects of producing the said file.
Failure to Abide With Will Formalities
Another common ground for a contest is the claims that the will was not properly executed. In New York State, and as with many other states, a last will and testimony need to be (1) in writing; (2) signed by 2 witnesses; and (3) stated by the testator to the witnesses that they are signing a will.