If a loved one has recently passed away in the state of New York, you will have a lot to process. It is likely that you will experience a mixture of emotions. In addition to the grieving process, there will also be administrative tasks to manage, e.g., the administration of the estate.

In the vast majority of situations, proceeds from estates are dispersed to the beneficiaries with no issues. However, there can be times when a loved one is not included in the will when they believe that they should have been. These overlooked heirs may have reasons to believe that the testator was subject to undue influence or was manipulated in some way, and that the named beneficiaries of the will or trust did not reflect the decedent’s true intentions.

What to consider before contesting a will or trust

Deciding whether to contest the will or trust can be a difficult decision to make. The process can be quite stressful and upsetting, and may lead to arguments between family members. However, if you genuinely believe that the will or trust is unlawful, you will likely want to see justice carried out.

It is important to consider the reasons you believe that the will or trust is invalid. For example, you may think that the testator of the will lacked testamentary capacity when making the will. Alternatively, you may believe that another person threatened or coerced the testator into removing heirs from the will.

It is important that you take action to make sure that a person’s last wishes are rightfully preserved.