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

Resize the Content Text

On what grounds can a will contest be based?

Losing a loved one can result in strong emotions, especially if family members do not get along or if there is a very sentimental attachment to certain items of the deceased's property. If a loved one in Rochester left a will, this can help sort out inheritance issues. However, is there anything that can be done if you think that the terms of the will should not be followed?

One reason a will might be challenged is if the person creating the will, known as the "testator," didn't have the capacity to do so. That means the person must have an understanding of the extent and value of their assets and who will inherit them. Therefore, they cannot be senile, insane, drunk or in some other way without the mental ability to draft a will.

Another reason that a will might be challenged is if the will was created through fraud or undue influence. For example, if a person was coerced to create the will or if the person was in a vulnerable position and was manipulated into creating a will, then the will might be voided.

A will might also be challenged is if another will exists that trumps the one at issue. In general, if a valid will exists that has a more recent date than another one, the newer will is the one that will be followed. However, states have certain requirements with regards to destroying an outdated will, so it is important to have the right information to determine which will should be followed.

In addition, states have requirements regarding how many people must witness the execution of the will and what their relationship to the testator may be. State law also dictates what provisions a valid will must contain. If these legal requirements are not met, then the will may be challenged.

In the end, it is important to understand how state law affects the validity of a will. While challenging a will is not easy, it can be done. Those who are concerned about the provisions and execution of a loved one's will and want to know if estate litigation is an option may want to get more information to determine what actions to take.

Source: FindLaw, "Reasons to Challenge a Will," accessed Feb. 14, 2017

No Comments

Leave a comment
Comment Information
  • I wanted to write to say how pleased my wife and I were at your professional handling of our estate planning and preparation of new wills. We were put at ease by your visit to our home for an interview and were pleased that you listened to us and captured the things that we felt were important.

    --Robert and Christine Simonson, Fairport
  • In order to finalize the documents we came to your office and were greeted in a very professional manner and we could not have asked for finer service. We left with copies of everything we needed and feel very confident our needs have been met. Thanks again. We will surely recommend you should the opportunity arise.

    — Christine and Robert Simonson, Fairport
  • I have been working with Weinstein & Randisi for about two years now. Elizabeth Randisi, through a very thorough process, has helped my wife and me determine what is really important in our lives. Thus, we were able to draft a living will that reflected our most important values regarding our estate.

    --David and Ajia Cherry, Fairport
  • I would like to give a testimony for Elizabeth Randisi, an estate attorney with Weinstein & Randisi. Her knowledge of wills and estate planning was clearly demonstrated in her presentation to us. Realizing our need for a will, my husband and I went to see Elizabeth.

    --Kathy and Gary Gray, Webster
  • Filing for Medicaid is never an easy or fun process. However, working with the Weinstein & Randisi firm made the process simple and streamlined. We were able to obtain all files and records regarding Medicaid enrollment within a few days using specially prepared checklists and verbiage recommended by our assigned paralegal.

    --Ajia and David Cherry, Fairport
Awarded Top 50 Estate Planning Blog
Email Us For a Response

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

Blog Feed

Blog

Weinstein & Randisi - estate planning

290 Linden Oaks, Ste. 200
Rochester, NY 14625

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

Map

Call us now for a free, 100% confidential consultation: