Estate Litigation

How to Properly Revoke a Will in New York

How to Properly Revoke a Will in New York

There are various reasons why someone would want to revoke a will. Many, if not most, people make more than one will during their lifetime. Reasons for wanting to create a new will and revoke the old one can include divorce, remarriage, having children, acquiring or selling property, or just changing one’s mind. Also, sometimes the person who made the will (the Testator) may simply wish to revoke a prior will without making a new one. It is important to make sure that the will is, in fact, revoked. In New York, a will can only be revoked in one of two ways: 1. The creation of a subsequent...

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Requirements for Executing a Will in New York

Requirements for Executing a Will in New York

Executing a will is the act of signing a will and making it legally binding. New York law has strict requirements for executing a will. First, a person executing a will must be at least 18 years old. The legal term for the maker of the will is Testator, and in New York a will is formally called a “Last Will and Testament.” In order to properly sign the will, the Testator must sign “at the end thereof.” Any words that appear on the will following the signature are not given effect. In some instances, an entire will may be declared invalid if there is text following the signature that is so...

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No-Contest Clauses in a New York Will

No-Contest Clauses in a New York Will

The purpose of a no-contest, or In-Terrorem, clause in a will is to deter a lawsuit challenging the will. If the person making a will sees potential red flags such as tensions between beneficiaries, he or she may want to include a no-contest clause to minimize the chance of future conflict. A no-contest clause provides that if a beneficiary challenges the terms of the will, he or she will lose their share of the estate. The possibility of losing their inheritance will make many beneficiaries think twice before challenging a will. Different states treat no-contest clauses differently. In New...

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