Navigating Disputes Over Wills

When a loved one passes away, their will is supposed to set forth their wishes regarding the assets they have worked so hard to build over a lifetime. More than that, it is the document that directs the distribution of their legacy. Yet even the most carefully constructed wills are not always watertight. They can be susceptible to challenges by heirs, beneficiaries and other interested parties.

If you find yourself facing a will contest, whether as an executor, beneficiary or potential heir, you should seek knowledgeable legal guidance. You will find capable allies at the law firm of Vella, Carbone & Vinson, LLP. Our attorneys draw on extensive legal experience to assist people navigate contested will proceedings and other types of estate litigation.

Grounds For Challenging A Will In New York

There are multiple grounds for challenging and contesting a will in New York. The most common include:

• Lack of testamentary capacity: The person who made the will (in legal terms, the testator) did not have the mental capacity to understand what they were doing or signing. Dementia and Alzheimer’s disease are common examples of conditions that can interfere with testamentary capacity.
• Undue influence: Someone has pressured the testator into changing their will in their favor, undermining the testator’s true intent.
• Fraud: Somebody misled the testator into signing a will or making distributions they did not intend to make – for example, by lying to them about the nature of the document they were signing.
• Improper execution: The will does not meet the technical requirements established by state law – for example, it lacks a signature and the necessary witnesses.

Protecting Your Interests At Trial

While not all will contests proceed to trial, many do. Will contests often come with heated emotions and complex family dynamics. At Vella, Carbone & Vinson, LLP, we understand those complexities. Our lawyers understand how to navigate litigation in a strategic manner, with skill and clarity.

Whether you are seeking to challenge or defend the will in question, you can count on our legal team to protect your interests both in court and in any settlement negotiations.

Take The Next Step Today

For guidance on any aspect of probate or estate administration in the Capital Region and Upstate New York, please contact our legal team at 518-257-7304. We can advise you of your options for moving forward.