Reasons Someone Might Object to a Will

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Reasons Someone Might Object to a Will

Posted By Mark Glendon     August 26, 2022    


A will serves as a legal decree of your wishes after your passing. A will typically lays out what should be done with your estate in the event of your passing, and having a will can keep some assets out of probate.

Although having a will in place is important, simply having a will does not guarantee that your estate will not face legal challenges after you die. In some instances, objections may be raised by interested parties regarding the terms of the will, and this can lead to legal challenges that end up in court.

Below are several common releases why a will may be contested:

Duress or Undue Influence

Someone objecting to a will’s terms may believe that the document was created under duress or undue influence. This may be the case when someone believes that a decedent was coerced into including a person or entity in the will’s terms.

Problems With the Will’s Execution

When someone dies, the executor of the decedent's estate is responsible for ensuring the terms of a will are executed. If the executor of the estate is not forthcoming in their duties, objections may be raised regarding the outcome.

Problems With the Drafting of the Will

Someone may also raise objections if they believe that a will was improperly drafted. For example, if the will was drafted by someone who did not have the legal authority to do so, the validity of the document may be questioned.

Contact a Local Attorney

If you’re planning to have a will created or you’re questioning the terms or validity of a will, it’s recommended that you partner with a local attorney. You can look online to find resources in your local area. Visit this website if you need a New York probate lawyer.

If you’re in New York, for example, you could search the web for a New York probate lawyer to assist you with matters related to an estate that requires additional legal scrutiny. A New York probate lawyer will be able to guide you in accordance with state law, and they can also represent your interests if a will is to be contested in court.

Read a similar article about durable power of attorney New York City here at this page.