LEGAL GUIDE
Written by attorney Kera Murphy Reed

How to Object to a Will

In order for a person to contest a last will and testament (“will”) in New York, he or she must have legal grounds. This means a reason based in the law that the will is invalid and should not be admitted to probate. Admitting a will to probate means that the executor named in the will is appointed by the Surrogate’s Court. The executor then distributes the decedent’s assets as dictated by the will. The most common grounds for challenging a will are improper execution, lack of testamentary capacity, and undue influence. Having grounds for contesting a will takes more than simply disliking the terms of the will or being unhappy with its distribution.

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