In New York, several legal reasons allow individuals to challenge a will. These grounds help ensure that the will reflects the true wishes of the testator and follows legal procedures.
Lack of testamentary capacity
For a will to be valid, the testator must have had testamentary capacity when they signed it. This means they must have understood the nature of their assets, who the beneficiaries are, and the effect of signing the will. If the testator was mentally impaired, and suffering from conditions like dementia or Alzheimer’s, someone could challenge the will by claiming that the testator did not possess the required mental clarity.
Undue influence
Undue influence occurs when a person pressures or manipulates the testator into signing or altering their will. This often happens in situations where the testator relies heavily on a caregiver or family member. A will signed under undue influence does not reflect the testator’s true wishes, and courts may invalidate it if there is evidence of manipulation.
Fraud and forgery
Fraud and forgery provide other common grounds for challenging a will. Fraud happens when someone deceives the testator into signing a will that does not reflect their intentions. This could occur if a person misrepresents the contents of the will. Forgery, on the other hand, involves the alteration or creation of a false document, including forged signatures.
Failure to comply with legal formalities
New York law requires specific formalities when executing a will. The testator must sign the will in the presence of at least two witnesses, and they must also sign it. If the will lacks proper signatures or other formalities, it may be invalidated in court.
Understanding these common grounds helps protect the rights of beneficiaries and ensures the will’s authenticity.