The Probate of a New York Last Will and Testament involves many issues. Procedures provided by the Surrogate’s Court Procedure Act (SCPA) as well as statues comprising the Estates, Powers and Trusts Law (EPTL) provide the basic rules regarding probate.
For example, EPTL section 3-2.1 titled “Execution and attestation of wills; formal requirements”, sets out the primary rules for the execution of a Will. New York Estate Lawyers are familiar with this statute. The law mandates that a Will be in writing and signed at the end of the document and that there needs to be two attesting witnesses.
In many instances, Objectants may file a Will Contest and assert that a Will was not properly executed. The New York Probate Lawyer Blog has discussed Contested Wills in many articles. As noted in the Probate Blog, other grounds for Objections include undue influence, lack of testamentary capacity and duress. When Objections are filed with the Surrogate’s Court, estate litigation can be lengthy and complicated.