The possibility of a contested will is something to take into consideration when you are planning your estate.
These days there are a lot of websites all over the Internet claiming that it is easy to draw up your own last will using a download or a worksheet that they will sell you. You would do well to take pause before buying into these ideas because of the possibility of an improperly executed last will.
A last will that has not been properly executed under the laws of the state of New York can be deemed invalid by the probate court. If you don’t know exactly what you are doing when you are executing a last will you really can’t be certain that it is being properly prepared.
If someone was step to forward with ideas of their own after you pass away a tiny crack in the verbiage could ultimately result in a successful last will challenge.
Aside from an improperly executed last will a will can be deemed invalid if the testator was not of sound mind when creating the will. Another one of the grounds for a successful challenge would be proof that the will was executed under undue coercion.
Fraudulent last wills can be deemed invalid as well. A will would be fraudulent if the person signing it was in some way deceived about the contents.
Clearly, the only way to be certain that your last will is being prepared in accordance with New York State laws as to retain the services of a licensed and experienced estate planning attorney. There may be a small expense involved, but a contested will can wind up costing the estate much, much more if a challenge goes to court.
Mark S. Eghrari, Estate Planning Attorney
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