Duress is that which prevents the intent of the testator from being exercised by the use of force or the threat of harm. It does not depend upon the motive of the wrongdoer, but rather upon the subjective fears of the testator, and is often proven by the doing of a wrongful act of violence…
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…
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…
A claim that the will was never properly executed is based on the fact that the testator did not declare the will to be his and did not request at least two witnesses sign the will. NY attorneys routinely lead their clients through the will execution formalities in order to ensure that the requirements of…
NY Wills can be contested on the grounds of lack of due execution or testamentary capacity, undue influence and/or duress.
A later amendment to a will is called a codicil and must be signed with the same formalities.
Probating a Will is the first step in any estate administration. Original Wills are often keep with attorneys for safekeeping, rather than kept at home or in a safe deposit box. The Executor must locate the original Will to file with the Surrogate’s Court for probate. If the Will is in a safe deposit box,…
NY Surrogate’s Court is the court is where all matters relating to Wills and Trusts are determined. The Surrogate is the title of the judge in this particular court, and each county in New York has at least one Surrogate (New York County, covering Manhattan, has two Surrogates). The NY Surrogate’s Court handles, among other…
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…