Weinstein & Randisi
Phone:585-310-1578
Toll free:800-768-1780

Resize the Content Text

What are some reasons that a will may be challenged?

A will is a legally binding document that has to be respected in New York, but that does not mean it can't be challenged. In certain cases, family members feel that the will is unfair and needs to be thrown out. Common reasons include:

1. Saying that the will was drafted or amended while the person was under duress. The person has to make the will without outside influence or someone who is trying to force them to put in certain provisions.

2. Saying that the will is a forgery. In more extreme cases, a person may craft an entirely fake will, forge the person's signature and try to pass it off as the real thing after that person's death.

3. Saying that the person wasn't mentally capable of drafting a will. This is usually an issue with those who suffer from mental diseases or deterioration as they age, seeing as how they may not be in the right mind to write a fair will that really reflects their desires.

4. Saying that there are multiple wills. In some cases, an older will may originally be used, but then someone may discover a new will that trumps whatever is written in the older one. This can be very important in cases with divorce, for example, when a spouse may be written out of the will.

5. Saying that there are not enough witnesses. A legal will can't just be scrawled out by the person on his or her own, and it typically has to be signed by multiple witnesses to be a valid, legal document.

Those who think a will needs to be challenged have to know all of their legal options.

Source: FIndLaw, "Reasons to Challenge a Will," accessed Oct. 21, 2015

No Comments

Leave a comment
Comment Information

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Info

Weinstein & Randisi
290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
Rochester Law Office Map

Back to top