This segment of our series on will contests in New York brings us to fraud as a ground for contesting a last will and testament. Remember, the information below focuses on will contests in New York and more specifically on will contests in New York City.
The person challenging the validity of the decedent’s will has the burden of proving that fraud was committed. In order to prove fraud, the objectant to the will must show by clear and convincing evidence that a false statement was made to the testator that induced him to make a will, and that he disposed of his property differently than if the fraudulent statement had not been made. There must be a clear link between the fraudulent statement and the making of the will.