Will contests are formal objections raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator, the party who made the will, or that the will is otherwise invalid.
Will contests generally focus on the assertion that the testator lacked testamentary capacity, was operating under a delusion or was subject to undue influence or fraud. A will may be challenged in its entirety or in part.
Only a very few wills are contested. Courts and legislation generally feel a strong obligation to uphold the final wishes of a testator, and, without compelling evidence to the contrary, “the law presumes that a will is valid and accurately reflects the wishes of the person who wrote it.”
Mark D. Stern has extensive experience in Will Contests and all matter of Estate Law. Contact our firm to see how we can put our knowledge and expertise to work for you. Call us at 845-294-7990 or to contact us via email, click here.