It is allowed, in Islip Terrace, 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.
Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, especially if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Obviously, this is something to consider.
When Can a Will be Contested in Islip Terrace, New York?
There are several reasons that an Islip Terrace, 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.
A will can also be rejected 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 example) at the time the will was made, the will can still be invalidated.
There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Islip Terrace, New York, and held to be invalid, this normally results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.
Can a Islip Terrace, 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 brilliant lawyer in Islip Terrace, New York can be very helpful in making sure that this process goes as smoothly as possible.