How to Contest a Will

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Are you or a loved questioning the validity of a will? Are you wondering how to contest a will, and what are your chances of winning? Watch this video by Buffalo Estate Planning Attorney Thomas F. Hewner to learn about your legal grounds for contesting a will. If you have questions about challenging a will, please contact us to schedule a consultation. Let our experience work for you.

  • The complexity of the probate process causes many people to ask how they can avoid it.
  • Executing a will at a lawyer’s office ensures that it meets the requirements of a good will. A will must be signed in front of two witnesses by the person making it, and that person must be competent and free of undue influences.
  • Once signed and witnessed, the document purports to be a will, but is designated a valid will only after the surrogate court judge determines that it is valid and appoints the executor in charge.
  • Distributees and/or people who are adversely affected can contest a will. The critical point is to ensure that proper notice is given to all individuals who can contest it based on a few specific grounds.
  • It is very difficult to contest a properly created will where witnesses were present at the signing. Because of that, very few attorney-drawn wills are overturned.

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