News & Insights

What Evidence is Needed to Challenge a Will on the Grounds of Undue Influence or Lack of Testamentary Capacity?

Undue Influence

It’s not unusual for individuals who are left out of a family member’s or friend’s will to challenge the will on the grounds of undue influence or lack of testamentary capacity. However, as demonstrated in a recent decision of the New York Appellate Division, it can be difficult to prove your case. The decision highlights … Read more

CAN YOU PROBATE A HANDWRITTEN WILL IN NEW YORK?

HANDWRITTEN WILL

A handwritten (or holographic) will is not enforceable in all states. However, in certain circumstances, the will may still be probated in a state which does not recognize handwritten wills provided certain requirements are met. A recent New York appellate court decision addressed this issue in the Matter of Noichl.   In states that recognize holographic … Read more