HOW IS UNDUE INFLUENCE PROVEN BY A NEW YORK WILL OBJECTANT?

At a minimum, the objectant must make a showing of actual acts of undue influence, including time and place of the occurrence. An objectant seeking to prove undue influence must prove three elements: motive, opportunity and actual acts of undue influence. It must be shown that the influence exercised amounted to a moral coercion, which…

HOW IS A LACK OF TESTAMENTARY CAPACTIY PROVEN BY A NEW YORK WILLS OBJECTANT?

The capacity requirement to execute a will is a minimal standard, it is lower than the requirement for other legal documents: less capacity is required to enable one to make a will than to make other contracts. Capacity is evaluated by three factors: whether decedent understood the nature and consequences of executing a will, whether…

ARE ORAL OR HANDWRITTEN NEW YORK WILLS VALID?

Yes, under certain circumstances. However, the cost savings of an attorney’s fee may not be worth the risk of having your will invalidated. A will is nuncupative when it is unwritten, and the making thereof by the testator and its provisions are clearly established by at least two witnesses. A will is holographic when it…