Contesting a will involves a formal challenge to the validity of the will. The challenge to the will can be based on the failure of the execution ceremony to meet the appropriate statutory requirements. Another avenue for challenging a will involves allegations of the testator – the party making the will – not having the mental capacity to … [Read more...]
Who Needs a Will? You Do!
Do you have assets? Do you own a house? Have you been married more than once? Do you have children from more than one relationship? Are you concerned about what happens after your death to your spouse and/or your children? Are you single? All of the above individuals need a Will. Estate contests often develop between children from the first … [Read more...]
Challenging an Invalid Will
Pursuant to EPTL § 3-2.1, a Will can only be probated if it conforms to the following requirements, among others: Will must be signed at the end and initialed on every page in front of the witnesses. The Will must be signed in the presence of at least 2 witnesses (Some states require 3) The witnesses must also sign an attestation … [Read more...]
