Simply being unhappy with the distribution of properties or the hold-up of the probate proceeding in general is not enough premises to effectively object to the validity of a last will and testament. A successor of an estate or a beneficiary of a prior will can start a will challenge based upon a variety of enumerated premises.
In an absence of capacity difficulty, the celebration contesting the supposed will claims that the testator was
When objecting to a will based on absence of testamentary grounds, the party ought to be prepared to show that the testator did not have the mental disposition to make a rational and mindful decision, and did not completely understand the effects of creating the stated file.
Failure to Abide With Will Formalities
Another common ground for a contest is the allegation that the will was not correctly carried out. In New York State, and as with numerous other states, a last will and testament should be (1) in composing; (2) signed by 2 witnesses; and (3) declared by the testator to the witnesses that they are signing a will.