Imagine carefully crafting your last will and testament, fully representing all of your wishes within it, only to have other people attempt to discard it after you pass away. Luckily, it isn’t easy for someone to successfully contest the validity of a will when the will is genuine. However, in case a last will and testament that you’re somehow involved in is ever contested, it’s important to know how to ward off that contestation.
Why Is It Difficult To Contest A Will?
By design, it’s difficult for a last will and testament to be less than authentic. That’s because, in New York, two separate witnesses must contend that the will is truly valid. If someone claims that the will is invalid then they bear the burden of arguing against these two witnesses. Furthermore, a will may only be contested by those standing to be personally affected by it, meaning that not just anyone can attempt to prove the will is somehow faulty.
How Can I Defend A Will?
In order to know how to prove a last will and testament is genuine it’s helpful to know what avenues someone may take to prove that it isn’t. Often, the claim may be made that the testator was unfit to sign the will or, worse yet, that their signature was forged. Against such claims you may rely on the testimony of the two witnesses. Alternatively, someone may attempt to claim that the witnesses are unreliable. The best defense against this is prevention by making sure the witnesses are upstanding citizens who fully understand their responsibilities before signing anything.
Creating a set of estate planning documents that are resistant to contestation requires finesse and a deep understanding of estate planning. That’s why you should only trust the best estate planning legal team. At Morgan Legal Group our number one priority is protecting the well-being of our clients. That’s why we go over every circumstance of our clients’ lives before coming up with a set of estate planning documents that will serve as a bulwark for their best interests. Come in for a consultation and get the perfect estate planning documents.
