A person’s estate is made up of their assets, including any trusts and wills that dictate how those assets should be distributed after they die. People often choose beneficiaries for their estates, and they may also set up trusts to help pay off taxes and debts. During the probate process, the estate will be distributed according to those instructions and any claims against the deceased’s estate will be paid. If there are irregularities in a will, it can be contested by a beneficiary or another involved party.
One contesting a will ground for contesting a will is undue influence. This occurs when a trusted person used pressure or manipulation to get the testator to make changes to their will that aren’t reflective of the testator’s true wishes.
Contesting a Will: What You Need to Know About Challenging Testamentary Documents
This could be a caretaker, spouse or another relative who has been close to the testator in their later years and takes advantage of their mental instability toward the end of life to influence their inheritance. It’s important to talk to a New York will contest lawyer to see whether this is a valid claim in your case.
Another grounds for a will contest is lack of mental capacity. This happens when a person’s memory or cognitive decline causes them to be unable to make their own decisions. This is often the basis for dementia cases in which a will is contested by family members whose rights are affected by the degenerative disease. It’s also possible to lose mental capacity due to depression or sedative medications.