Duress is a type of undue influence that occurs when a person is forced or threatened into creating or modifying a will against their wishes. Duress in the creation of a will in New York occurs when a person is forced or threatened into making or amending a will against their wishes. If a will is found to have been made under duress, it may be invalidated by a court as s result of a will contest. If you believe that a will was made under duress, it is important to consult with an experienced attorney who can help you build a strong case and seek the justice you deserve. In New York, if a will is found to have been made under duress, it may be invalidated by a court. Proving that a will was made under duress can be challenging, but with the help of an experienced New York will contest lawyer at Stephen Bilkis & Associates, it is possible to build a strong case.
Proving Duress in a Will ContestTo prove duress in the creation of a will in New York, a plaintiff must show that the testator was subjected to some kind of improper influence or pressure that left them with no meaningful choice but to make or amend the will. This could include threats of violence, blackmail, or emotional manipulation, among other things. In addition, the plaintiff must also show that the testator's free will was overborne by the duress, meaning that the testator was not acting voluntarily but was instead being coerced.
One way to show duress in the creation of a will is through witness testimony. As an experienced New York will contest lawyer can explain, witnesses who were present when the will was made can provide insight into the testator's state of mind at the time and any external factors that may have influenced their decision-making. Witnesses can also attest to any behavior by other individuals that may have been coercive or intimidating.
Another way to prove duress is through documentary evidence. For example, if the testator wrote a letter or made a statement to someone indicating that they were being pressured to make or amend their will, this could be used as evidence of duress.
In addition to witness testimony and documentary evidence, an experienced will contest attorney in New York may deem it necessary to hire expert witnesses, such as psychiatrists or psychologists, to provide insight into the testator's mental state at the time the will was made. These experts can help show that the testator was not acting of their own free will but was instead being coerced.
If a will is found to have been made under duress, it may be invalidated by a court. This means that the will would be treated as if it never existed, and the estate would be distributed according to the testator's previous valid will or the laws of intestacy if there is no previous valid will. To learn the details of intestate succession, contact an experienced will contest attorney in New York.
Contact Stephen Bilkis & AssociatesDuress in the creation of a will in New York occurs when a person is forced or threatened into making or amending a will against their wishes. To prove duress, a plaintiff must show that the testator was subjected to improper influence or pressure and that their free will was overborne. This can be accomplished through witness testimony, documentary evidence, and expert witnesses. If a will is found to have been made under duress, it may be invalidated by a court. If you believe that a will was made under duress, it is important to consult with an experienced attorney who can help you build a strong case and seek the justice you deserve. Contact Stephen Bilkis & Associates at 800-696-9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Long Island, Nassau County, Queens, Brooklyn, Staten Island, Suffolk County, Bronx, and Westchester County.