New York has strict rules about how a will must be drafted and executed in order for it to be valid. There are also rules related to when a New York Surrogate’s Court will admit a foreign will to probate. The purpose of these technical rules is to ensure that…
In this case the Surrogate’s Court considered whether the petitioners presented sufficient evidence of undue influence for the court to declare a will invalid. When J. Malone passed away, a petition to probate her will was filed. Several relatives, collectively the objectants, filed objections contesting the validity of the will…
In this case the Kings County Surrogate’s Court considered a petition filed by a beneficiary to revoke the letters testamentary of the executor. Under New York law, under SCPA § 711, an interested party such as a beneficiary can petition the court to revoke the authority of the executor. However,…
A will contest is an action brought in the Surrogate’s Court to challenge the validity of a will. In order to contest a will, the objectant must have valid grounds such as improper execution, undue influence, fraud, or duress. In the matter of In re Martinico, the objectants petitioned the…
An in terrorem clause, also referred to as a “no-contest” is a clause in a will that states that if a beneficiary challenges a provision in the will or the entire will, that beneficiary’s bequest will be void. The purpose of an in terrorem clause is to prevent a will…
Two reasons for contesting a will are undue influence and fraud. Undue influence occurs when someone intentionally and illegally exerts influence over a testator such that the testator’s will reflects the intent of the influencer and not the testator. Typically, the influencer has a position of power over the testator…
In this case the Appellate Division had to consider whether the spouse of a decedent was entitled to certain assets in his estate in light of the provisions of the couple’s prenuptial agreement. Upon the death of the husband, a dispute developed between the executor of the decedent’s estate and…
The issue before the Surrogate’s Court is whether the petitioner made enough of an effort to locate a lost will before petitioning the court to proceed with an intestate administration. In the case of In re Estate of Karp, after the death of R. Karp, a “paper writing” of Karp’s…
In this case the Surrogate’s Court considered whether the petitioners presented sufficient evidence of undue influence for the court to declare a will invalid. When J. Malone passed away, a petition to probate her will was filed. Several relatives, collectively the objectantS, filed objections contesting the validity of the will…
When a testator nominates someone to serve as the executor of his (or her) estate, the court does everything possible to fulfill the wishes of the testator by appointing that person. Courts are loathe to substitute their judgement for that of the testator. However, if the court determines that the…