- 1). Draft a formal document objecting to the will. Set forth the facts and points of law that invalidate the will. For instance, indicate if the will was made under force or duress, if the testator was incompetent to execute a will, if the will was the result of fraud or undue influence, if the will is a forgery or if the will lacked testamentary legal formalities, including publication.
- 2). Prove your standing in the objection to the will. Under New York law, only persons with a legal interest in an estate have standing to contest the validity of a will. Indicate if you are the spouse, child, grandchild other family member of the testator or another beneficiary named in the will.
- 3). Sign the objection and file it in the clerk's office of the court that is handling the probate proceedings. You can identify that court by consulting the probate paperwork that the executor or personal representative of the estate sent to you. Attend any required hearings on the matter to formally present your objections to a probate judge.
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