Grounds for Contesting a Will
Undue Execution
Revocation
Incapacitation
Fraud
Undue Influence
Forgery <<<<
This segment of our series on will contests in New York brings us to forgery 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. A probate attorney can help explain that the person challenging the validity of the decedent’s will has the burden of proving that forgery was committed. A forged will is one that has been created or altered with the intent to deceive or defraud.
Most often, a claim of will forgery asserts that the document does not bear the testator’s genuine signature. Proof of the genuineness of the testator’s signature may be established by the individuals who witnessed the will, lay witnesses familiar with the handwriting of the testator, and expert handwriting witnesses.
