Wills can be challenged. However, it is very difficult to challenge a will. When a person makes a will, he or she must know what they are doing, know the natural objects of their bounty (their children and loved ones) and have testamentary capacity. Another ground for challenging a will is if someone uses undue influence, fraud or duress to trick someone or convince someone to put specific terms in a will.
In New York State, wills need to be executed in a very specific manner. They must be acknowledged by their maker before two witnesses. The Testator (person who writes the will) must publish the will to the witnesses. There must be a will ceremony and all the individuals in the room must remain in the room during the will execution process.
When a Will is prepared by an attorney familiar with the drafting of wills, it creates a presumption of the legitimacy of the execution process.
In the State of New York one needs to only have a fleeting moment of mental capacity to write a will. An individual can have dementia, be forgetful, but have one good day where he or she knows what they doing and that is enough to write a will.
Fraud or undue influence usually involves someone in a position of trust, usually a friend, loved one or neighbor who takes advantage and manipulates a sick, elderly or vulnerable person to leave them all or more than they should receive in the estate.
Related Keyword Tags: new york law office, legal history of wills, common law, elder law, testamentary capacity, undue influence, law office, challenge, will, testator, fraud, elliot, person, law, testamentary
Law Offices of Elliot S. Schlissel
Wills, Trust & Estate Attorneys
479 Merrick Road
Lynbrook, NY 11563
Toll Free: 1.800.344.6431
In the five boroughs: 718.350.2802
In Nassau County: 516.561.6645
