Simply being unhappy with the distribution of possessions or the delay of the probate proceeding in basic is not enough premises to successfully object to the credibility of a last will and testament. A successor of an estate or a recipient of a prior will can begin a will challenge based upon a number of enumerated grounds.
In a lack of capacity difficulty, the celebration objecting to the purported will claims that the testator was
When contesting a will based on absence of testamentary grounds, the party needs to be prepared to show that the testator lacked the psychological personality to make a reasonable and conscious decision, and did not totally understand the repercussions of producing the said document.
Failure to Abide With Will Formalities
Another common ground for a contest is the accusation that the will was not effectively executed. In New York State, and as with lots of other states, a last will and testament need to be (1) in writing; (2) signed by 2 witnesses; and (3) stated by the testator to the witnesses that they are signing a will.