Simply being unhappy with the distribution of properties or the hold-up of the probate case in general is not sufficient premises to successfully contest the validity of a last will and testament. A beneficiary of an estate or a beneficiary of a prior will can start a will challenge based on a variety of enumerated grounds.
Lack of Testamentary Capability
The most common challenge initiated in Surrogate’s Court is the accusation that the creator (ie testator) lacked the capacity to make a will. Essentially, this means that the testator of the last will and testament was not in a sound state of mind when he carried out the instrument. The testator should have the capability to make a will, there is no other way around it. This suggests that the testator was conscious, not affected by any intoxication, psychological disruption, or medical and external influences. In an absence of capacity difficulty, the celebration objecting to the supposed will claims that the testator was
When contesting a will based on lack of testamentary premises, the party should be prepared to show that the testator lacked the psychological personality to make a logical and conscious decision, and did not completely understand the consequences of producing the stated document. The Court will completely examine the decedent’s medical records in making its choice.
Failure to Abide With Will Formalities
Another commonalities for a contest is the allegation that the will was not appropriately carried out. Each state has its own requirements as to what practices and rules require to be implemented during the formula of the will. In New York State, and just like many other states, a last will and testament should be (1) in writing; (2) signed by two witnesses; and (3) declared by the testator to the witnesses that they are signing a will.