A loved one’s estate plans can raise concerns when their written wishes differ from what they previously discussed. That difference may leave families wondering how the document came together.
If you question your relative’s existing will, understanding potential defects can help you identify what deserves closer attention. The following circumstances explain how problems with its preparation or the person’s decisions could affect validity.
Signing requirements were not followed
In New York, the will execution requirements generally call for a written will with the maker’s signature at the end. Your relative must have signed or acknowledged that signature before each of two witnesses and identified the document as their will. At their request, both witnesses must have signed within one 30-day period. Missing these formalities can prevent probate, the court process for approving the will.
Moreover, handwritten wills generally need the same formalities, subject to narrow military and maritime exceptions.
Your relative lacked mental capacity
Proper signing alone does not establish your loved one’s mental capacity. Testamentary capacity means knowing what a will does, the general extent of one’s property and the people who would naturally inherit.
Your relative needed that understanding when signing. If your loved one has dementia, they could have made a valid will during a period of clear thinking.
Pressure overrode independent decisions
Even someone who understands their estate can face coercion. Undue influence occurs when another person uses pressure to override the maker’s free choice.
A caregiver might threaten to stop providing needed care unless your relative leaves them property. Evidence needs to connect that pressure to the terms of the will. A challenge generally requires proof of motive, opportunity and actual influence.
Deception or forgery affected the document
Interference can also take the form of deliberate lies. Someone might knowingly lie about a family member’s conduct to persuade your relative to leave that person out.
Fraud could also involve disguising the document as another legal paper. A forged signature or substituted pages can raise separate questions about authenticity that Surrogate’s Court examines during probate.
Your loved one revoked a prior will
A previously valid will might no longer govern the estate if your relative revoked it. One way to do so is to destroy the document with the intention of canceling it. A valid later version or amendment can replace some or all earlier terms.
Why you should address concerns promptly
Acting early can help you preserve details before memories fade. A dated account of key events may give your review a clearer starting point.
That timeline can also keep discussions focused on what happened. Working with a local attorney may streamline record requests and court filings, reducing stress during estate settlement.
