It is feasible, in Scarsdale, 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 normally expect to inherit a large portion of the testator's estate (spouses, for example). This might lead them to assume, correctly or not, that the will was a mistake.
If there is a massive amount of money or property at stake, a family member who was left out of the will might find it to be worth the time or money to contest it.
As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and costlye. It also has the possibility to damage family relationships and foster strife among individuals who are already mourning the loss of a loved one.
When Can a Will be Contested in Scarsdale, New York?
Courts in Scarsdale, New York will not let a person contest a will unless they have an excellent reason. There are, nonetheless, some allegations which will always invalidate a will, if they are proven.
For instance, a will obtained through duress (a threat of harm, normally physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. Nonetheless, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not 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.
There are many other facts that might make a will invalid, and therefore serve as grounds to contest a will. If a will is effectively contested in Scarsdale, 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 Scarsdale, 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 Scarsdale, New York can be very helpful in making sure that this process goes as smoothly as possible.