How to contest a will or a trust?
This article will provide a brief overview on how to contest a will or a trust, and whether or not you are able to. This article is for educational purposes only, and is not to be construed as legal advice. If you have any questions feel free to call our firm, Quinn & Tyrrell, for a free consultation.
How can you contest a will or a trust?
Generally, there are four main ways to contest a will or a trust:
- Due execution (One example of due execution, is whether the will was witnessed properly, or signed in the correct area. Keep in mind that this is merely one example, and there are other requirements for a will to have been executed properly.)
- Capacity (Whether the person knew they were drafting a will. The law had developed a test to determine capacity).
- Undue influence (Undue influence occurs when an individual was essentially forced to draft a will, and make someone a beneficiary in it.)
Keep in mind that this article provides an overview. There is a lot more to contesting a will, and many details. An example of one detail, is that if the will was drafted by an attorney, and the signing of it was supervised by an attorney, there is a presumption of due execution.
If you have any questions about contesting a will, or you need legal advice, feel free to call our firm, Quinn & Tyrrell, at (516) 221-5100 for a free legal consultation.
The information provided in this article by Quinn & Tyrrell is for informational purposes only. The information contained herein must not be construed as legal advice. If you have any questions contact our firm, Quinn & Tyrrell, Long Island Trusts and Estates lawyers.