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...]
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...]
What Rights Does Someone Fraudulently Cut Out of a Will Have?
The latest in a series of law review articles has been released that relate to the tort of "Tortious Interference With Expectation of Inheritance." In those states that recognize this tort, it gives someone the right to sue a decedent's beneficiary or distributee for money that is allegedly wrongly received in an inheritance when the following … [Read more...]