[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.amorusolaw.com\/blog\/it-doesnt-happen-frequently-but-wills-can-be-contested-new-york-ny-greenwich-ct\/#BlogPosting","mainEntityOfPage":"https:\/\/www.amorusolaw.com\/blog\/it-doesnt-happen-frequently-but-wills-can-be-contested-new-york-ny-greenwich-ct\/","headline":"It Doesn\u2019t Happen Frequently but Wills Can Be Contested","name":"It Doesn\u2019t Happen Frequently but Wills Can Be Contested","description":"There are reasons for a will to be contested and one is the mental capacity of the client. The best way to avoid a will contest, is to have a well-written will prepared by a qualified estate planning attorney, who can help avoid legal contests. It is also important that the client be of sound […]","datePublished":"2019-06-17","dateModified":"2024-08-07","author":{"@type":"Person","@id":"https:\/\/www.amorusolaw.com\/blog\/author\/amorusolaw\/#Person","name":"Amoruso & Amoruso LLP","url":"https:\/\/www.amorusolaw.com\/blog\/author\/amorusolaw\/","identifier":5,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/12de032c04195e9c39a06a6d6eea182f7b4fa655c20e245f8094a244b5cdd0cb?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/12de032c04195e9c39a06a6d6eea182f7b4fa655c20e245f8094a244b5cdd0cb?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Amoruso & Amoruso LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/07\/amoruso-logo.svg","url":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/07\/amoruso-logo.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/04\/6a01901dd0a082970b0240a465cd88.jpg","url":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/04\/6a01901dd0a082970b0240a465cd88.jpg","height":143,"width":200},"url":"https:\/\/www.amorusolaw.com\/blog\/it-doesnt-happen-frequently-but-wills-can-be-contested-new-york-ny-greenwich-ct\/","about":["Estate Planning","Inheritance","Will Contest"],"wordCount":532,"keywords":["Estate Planning","Inheritances","Testamentary Capacity","Will Contests"],"articleBody":"There are reasons for a will to be contested and one is the mental capacity of the client.The best way to avoid a will contest, is to have a well-written will prepared by a qualified estate planning attorney, who can help avoid legal contests. It is also important that the client be of sound mind and body. However, there are times when this is not the case and a challenge may occur, according to The Huntsville Item in “Legal Corner: Will contests while rare are messy“.A will is contested when the person challenging the will believes that it does not represent the true intent of the testator.A will must be written in the correct form and executed according to the law in order to be valid. This is why it is necessary to work with an estate planning attorney to create a will. A person may try to do it on their own, typing it out, downloading a form or copying a form, but because the law is very strict about the form and execution, many of these do-it-yourself wills end up being deemed invalid by the courts.When the will is not valid, the laws of intestacy are applied to the person\u2019s estate. This is rarely in accordance with the person\u2019s wishes, but at this point, it\u2019s too late.To make a will, the person must have \u201ctestamentary capacity.\u201d That means that he or she knows what they are doing, what their estate includes and who the beneficiaries of the estate will be. They also must not have been subject to undue influence. That means that the person making the will is so controlled and dominated by another person that they were unable to make the will that they wanted.When the sad day comes that a loved one passes, the family grieves. Each member will deal with the loss in their own way. For some people, the intense level of emotions can bring about conflicts. Sometimes these are the result of old battles that were never resolved. Sibling rivalry that\u2019s been simmering for decades can emerge.One of the goals of a properly prepared will is to prevent any family fights after a loved one has passed.Studies have found that the struggle over mom\u2019s necklace or dad\u2019s watch are not about the material items themselves, but over the symbolic meaning of those items. When families fight over inheritances, it\u2019s rarely because of the actual item or even the money.As the family\u2019s older member, you want to do anything you can to avoid fracturing the family after you\u2019ve gone.Unless you take the steps to create a will and a strong estate plan, your loved ones could be entrenched in a long inheritance conflict that lasts years and consumes more resources than anyone can spare. However, with careful planning, you can avoid inheritance conflicts. After all, estate planning is more for those you love than for you.An estate planning attorney can advise you on creating an estate plan that fits your specific circumstances.Reference: The Huntsville Item (May 26, 2019) “Legal Corner: Will contests while rare are messy“"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.amorusolaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"It Doesn\u2019t Happen Frequently but Wills Can Be Contested","item":"https:\/\/www.amorusolaw.com\/blog\/it-doesnt-happen-frequently-but-wills-can-be-contested-new-york-ny-greenwich-ct\/#breadcrumbitem"}]}]