In New York, being of “sound mind” to execute a will means that the testator must possess testamentary capacity. See EPTL § 3-1.1. This entails understanding the nature and consequences of making a will, knowing the extent of one’s property, and recognizing the natural beneficiaries. While a presumption of having a sound mind exists, a testator’s mental capacity can be challenged as it was in In Matter of the Estate of Scher, 2008 N.Y. Slip Op. 51819 (N.Y. Surr. Ct. 2008). It’s important to note that common conditions associated with aging or mental health issues may not automatically invalidate a will, and the burden of proof rests on the party contesting testamentary capacity.
The probate proceeding involving the estate of Harold Scher, who passed away on February 11, 2006, has unfolded with a myriad of legal complexities and familial tensions. The surviving spouse, Leah Scher objects to probate, and the decedent’s sons from a previous marriage, Mark Scher and David Scher and the proponents of he will. Objectant seeks to challenge the probate of Harold Scher’s will dated July 12, 2005, citing reasons such as lack of due execution, lack of testamentary capacity, fraud, and undue influence. In response, Proponents have filed a cross-motion for summary judgment, aiming to dismiss Objectant’s objections and secure the probate of the contested will.
Background Facts