Simply being unhappy with the circulation of assets or the delay of the probate case in general is not adequate grounds to successfully object to the validity of a last will and testimony. An heir of an estate or a beneficiary of a prior will can begin a will challenge based upon a number of enumerated premises.
In an absence of capability difficulty, the party objecting to the purported will claims that the testator was
When contesting a will based on lack of testamentary grounds, the party needs to be prepared to show that the testator did not have the psychological personality to make a logical and mindful decision, and did not fully understand the repercussions of developing the stated document.
Failure to Abide With Will Formalities
Another typical ground for a contest is the accusation that the will was not appropriately executed. In New York State, and as with many other states, a last will and testimony need to be (1) in composing; (2) signed by 2 witnesses; and (3) stated by the testator to the witnesses that they are signing a will.