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Can You Successfully Contest A Will?

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Can You Successfully Contest A Will?

If you are an heir listed on someone else’s will, you may have previously been told a little bit about what to expect. If not, there is a chance that your loved one made important decisions without adequate council or were confused perhaps, about what exactly he or she was doing. Fortunately, in these types of cases in New York, you have the option to contest a will if you have evidence to prove that it was created without proficient means.

According to Consumer Reports, you cannot make the decision to contest a will because you are unhappy about its content or how its provisions were laid out. You do have to have a valid reason for disputing the will. If you suspect that your loved one was in a position where he or she was being persuaded by someone else, you can contest under the explanation that the person writing the will was subject to undue influence.

Another reason you may contest a will is if your loved one has been the victim of a crime such as forgery or fraud. If your loved one did not fully understand the process of creating and legalizing a will, he or she may have executed it the wrong way which is another valid reason to contest. If you suspect that your loved one was incompetent at the time he or she created the will, you can provide evidence supporting your suspicions for a successful chance at contesting the will.

The information in this article is intended for educational purposes only and should not be taken as legal advice.

Marcel A. Sager

Marcel A. Sager

Managing Partner

Marcel A. Sager is licensed to practice law in New York, New Jersey, the District of Columbia, Illinois, local federal courts, the U.S. Tax Court, and the U.S. Supreme Court. He has a J.D. from Brooklyn Law School and an LL.M. (Masters) in Taxation from the New York University School of Law.

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