It is possible, in Cheektowaga, New York, to go to court and claim that a will is invalid, in some cases. This is called a Will Contest.

Sometimes, testators leave out of their wills people who might naturally expect to inherit a considerable portion of the testator's estate (spouses and children, for example). This might lead them to assume, truthfully or not, that the will was some kind of mistake.

If a massive amount of money or property is being given away, the person left out of the will could reasonably conclude that the cost and time of a court challenge is worth it.

However, this is a matter that should not be approached lightly - will contests can commonly foster strife and infighting within families who are already mourning the loss of a loved one. This can permanently damage or alter family relationships.

When Can a Will be Contested in Cheektowaga, New York?

There are many reasons that a Cheektowaga, New York court might hold a will to be invalid.

For example, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Therefore, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

Another reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a valid will, the person making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.

If the contest is successful, a court in Cheektowaga, New York might find the will or part of it invalid. Of course, that leaves the question of how to distribute the property in the absence of a valid will. All states have laws that address this situation, normally passing the property to the decedent's closest living kin. All states have laws governing the order in which property is passed on in this manner. Usually, it goes to the spouse first. If there is no living spouse, it goes to the children. If there are no children, it goes to the decedent's parents, and so on. Most laws on this subject are written in such a way that almost everyone will have at least one relative entitled to inherit, even if that person is very distantly related to the decedent. In the very rare case where no living relatives exist, or none can be found, the decedent's assets usually go to the state.

Can a Cheektowaga, New York Contested Will Attorney Help?

Contesting a will is often hard, and never fun. However, the whole process can be made more bearable if you have the help of a reliable Cheektowaga, New York attorney, and the process will probably be much more manageable.

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