Four Premises to Contest a Will
Merely being dissatisfied with the circulation of assets or the hold-up of the probate proceeding in general is not sufficient premises to successfully object to the validity of a last will and testimony. An heir of an estate or a recipient of a prior will can begin a will challenge based upon a variety of enumerated premises.
In a lack of capacity challenge, the celebration contesting the supposed will claims that the testator was
When contesting a will based on absence of testamentary premises, the party needs to be prepared to show that the testator did not have the mental personality to make a logical and mindful decision, and did not completely comprehend the consequences of producing the said document.
Failure to Abide With Will Formalities
Another common ground for a contest is the allegation that the will was not appropriately carried out. In New York State, and as with lots of other states, a last will and testament should be (1) in writing; (2) signed by two witnesses; and (3) stated by the testator to the witnesses that they are signing a will.