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Contesting a Parent's Will in New York
https://legiswiki.com/en/p/10172/contesting-a-parents-will-in-new-york
Contesting a parent's will in New York involves several key considerations and legal grounds. Here's a summary of the process and requirements: Legal Grounds for Contesting a Will To contest a will in New York, you must have valid legal grounds. These include: Lack of Testamentary Capacity: The de...
Statute of Limitations for Contesting a Will in New York
https://legiswiki.com/en/p/10180/statute-of-limitations-for-contesting-a-will-in-new-york
The statute of limitations for contesting a will in New York generally depends on the grounds for contesting and when the will was admitted to probate: Standard Deadline: Typically, a will contest must be filed within two years from the date the will is admitted to probate in Surrogate’s Court. So...
Legal Claims Against a Deceased Parent's Estate
https://legiswiki.com/en/p/10177/legal-claims-against-a-deceased-parents-estate
Making a claim against a deceased parent's estate involves understanding the legal grounds and procedures applicable in your jurisdiction. Here's a general overview of how such claims can be initiated: Eligibility to Claim Relationship: Claims can typically be made by children, including adult chi...
Disinheritance of Children in New York Estates
https://legiswiki.com/en/p/10176/disinheritance-of-children-in-new-york-estates
In New York, parents have the legal right to disinherit their children. This means a parent can exclude a child from inheriting any part of their estate by either expressly stating the disinheritance in a valid will or by simply not making any provision for the child in their estate plan. Key points...

Contesting A Will

Contesting a will is the legal process of challenging the validity of a deceased person's last will and testament. When someone contests a will, they argue that the will should not be accepted by the probate court, often seeking to have it declared invalid so that the estate is distributed differently.

Key Aspects of Contesting a Will:

  • Who can contest?
    Typically, only individuals with a direct financial interest in the estate—such as beneficiaries named in the will or those who would inherit under intestacy laws if there were no valid will—have the legal standing to contest.

  • Common grounds for contesting a will include:

    • Lack of testamentary capacity (the deceased was not mentally capable when making the will)
    • Undue influence or coercion by another person
    • Fraud or forgery
    • Improper execution of the will (not following legal formalities)
    • Existence of a more recent will or revocation of the will.

  • Process overview:

    1. Confirm you have standing to contest the will.
    2. Obtain and review a copy of the will.
    3. Identify valid legal grounds for contesting.
    4. File a formal petition or complaint in probate court outlining your challenge.
    5. Often, hiring an experienced probate or estate litigation attorney is advisable due to the complexity of the process.

  • Purpose of contest:
    The court’s role in a will contest is not to interpret the will’s provisions but to determine whether the will is legally valid. If the will is invalidated, the estate may be distributed according to a prior will or state intestacy laws.

In summary, contesting a will is a formal legal challenge to a will’s validity, initiated by someone with a financial interest who believes the will was improperly made or executed, or that the deceased lacked capacity or was unduly influenced.

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