Contested Wills in Tonawanda, New York

Find the right Contested Wills attorney in Tonawanda, NY

It is allowed, in Tonawanda, 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 normally expect to inherit a large portion of the testator's estate (spouses, for instance). This might lead them to assume, correctly or not, that the will was a mistake.

If the decedent was fairly well-off, their will might involve a great deal of money or property. This is one of the basic reasons, besides a general sense of exclusion, that a family member might expend the great deal of time and money necessary to contest a will.

However, this is a matter that should not be approached lightly - will contests can frequently 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 Tonawanda, New York?

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

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.

Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Basically, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a valid will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.

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 Tonawanda, New York, and held to be invalid, this typically 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 Tonawanda, New York Contested Will Attorney Help?

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

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Tonawanda

Tonawanda--the name means "confluent stream" and is located in Erie County, New York. It is located across the Erie Canal and north of Buffalo.

The city is known for celebrating "Canal Fest." This is an one week festival where Tonawanda's history is celebrated. The festival aims to promote history and business for the city.

Popular sites include Gateway Harbor, Isle View Park, Niawanda Park, and The Long Homestead.

The city is home to many attorneys who have established law offices. These attorneys focus on providing residents and local businesses with excellent legal services.

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