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

Occasionally, 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 instance). 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 rationally conclude that the cost and time of a court challenge is worth it.

Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause grave and irreversible damage to family relationships.

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

A court in Geneseo, New York will not entertain a will contest unless there is a very good reason to do so. But, there are some allegations which, if shown, clearly invalidate a will.

For instance, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise considerable initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

A will can also be denied because the decedent was not mentally competent to draft it at the it was made. A court will look at the person's mental capacity at the time the will was made, so even if the testator is now perfectly sane, if he or she was incapacitated for whatever reason (by way of intoxication, for instance) at the time the will was made, the will can still be invalidated.

If a Geneseo, New York will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Normally, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

Can a Geneseo, New York Contested Will Attorney Help?

Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A seasoned lawyer in Geneseo, New York can be very helpful in making sure that this process goes as smoothly as possible.