Any party to the proceeding, before or after filing objections to the probate of the will, may examine any or all of the attesting witnesses, the person who prepared the will, and if the will contains a provision designed to prevent a disposition or distribution from taking effect in case the will, or any part […]
A joint will, also known as a mutual will, is a single will signed by both spouses which continues to be a valid document, controlling on the surviving spouse after the other spouse dies. Joint wills are authorized by New York state law. The joint will contains instructions which both spouses declare to be their […]
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, […]