Simply being dissatisfied with the circulation of properties or the delay of the probate case in general is not enough premises to effectively contest the validity of a last will and testament. A successor of an estate or a recipient of a prior will can commence a will challenge based on a variety of enumerated premises.
In an absence of capability difficulty, the party contesting the supposed will claims that the testator was
When objecting to a will based on lack of testamentary grounds, the party should be prepared to prove that the testator did not have the mental disposition to make a reasonable and mindful choice, and did not completely understand the consequences of creating the stated document.
Failure to Abide With Will Formalities
Another common ground for a contest is the accusation that the will was not effectively carried out. In New York State, and as with lots of other states, a last will and testimony must be (1) in writing; (2) signed by two witnesses; and (3) declared by the testator to the witnesses that they are signing a will.