The will dispute support of a loved one’s death can be especially traumatic if there are concerns that the deceased’s estate planning documents were ill-conceived or fraudulent. In such cases, a will contest may be required to protect the legal rights and financial interests of those who would otherwise receive nothing if the will was invalidated. While there are certain circumstances that can lead to a successful will contest, the process of arguing in court for this purpose can have long-lasting negative consequences for all involved.

Risk of Losing Inheritance

One major concern that can arise in a successful will contest is that the beneficiary named in the document will be disinherited completely. This occurs when the will is deemed invalid, and the assets are distributed according to state law rather than the wishes laid out in the original will. This shift can result in a significant loss of wealth for the intended beneficiaries.

Other Common Grounds for Dispute

In some situations, a family member may decide to challenge a will because they believe it was invalid due to factors such as undue influence, fraud, or coercion. Other common grounds for dispute include issues such as poor drafting or execution, concerns that the testator was incompetent at the time of writing, or concerns over the validity of signatures.

An experienced New York will contest attorney can assist in determining whether a person has standing to file a caveat and help them gather evidence and present their case in court. The attorney can also recommend a mediation to encourage the parties to resolve the dispute outside of court, and can ensure that the deceased’s estate meets all necessary legal requirements prior to proceeding with the contest.