Fraud in Creation of a Will in New York

A last will and testament is a legal document that expresses a person's final wishes and how their assets should be distributed after their death. However, when fraud is involved in the creation of a will, the testator's true intentions may not be reflected. Fraudulent activities such as lying, misrepresenting, or manipulating the testator can result in an invalid will. In New York, a will can be invalidated due to fraud, among other reasons. In New York, if a will is found to have been fraudulent, it will be invalidated by a court in a will contest. Proving that fraud was involved in the creation of a will 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.

To prove fraud in the creation of a will, the party contesting the will must show that the testator was deceived or misled into signing the will. The following are some examples of fraudulent activities in the creation of a will:

• Forged Signatures: The person creating the will could forge the testator's signature on the will or a related document, making it seem like the testator authorized something they didn't. Involving an experienced New York will contest lawyer in the will execution process will help prevent forged signatures and other types of fraud.
• Misrepresentations: A person involved in the creation of the will could lie to the testator about the contents of the will, the value of the estate, or who the beneficiaries will be.
• Undue Influence: A person could exert undue influence over the testator, pressuring them to make specific provisions or changes to their will.
• Duress: Someone could force the testator to sign the will or threaten to harm them if they did not sign.

Proving fraud in the creation of a will is often a complex and challenging process. The party contesting the will must present evidence of the fraudulent activities and demonstrate how they influenced the testator's decisions. They must also provide evidence that the testator did not have full knowledge of what they were signing. The help of a skilled will contest attorney in New York is essential in building a case for fraud.

One notable New York case involving fraud in the creation of a will is Matter of the Estate of Lowenbein, 20 N.Y.2d 67 (1967). In this case, the testator was a wealthy businessman who had three children. He was hospitalized and heavily medicated, and his nurse brought a will to the hospital for him to sign. The will left the majority of his estate to the nurse and disinherited his children. The court found that the will was the product of fraud and undue influence and was therefore invalid. The court found that the nurse had misled the testator into signing the will by withholding information and using her position of authority to exert undue influence.

In another case, Matter of the Estate of Morgan, 53 N.Y.2d 776 (1981), the testator's daughter had forged her father's signature on a document related to his will. The document was a waiver of the right to elect against the will, which meant that the daughter would receive a larger share of the estate. The court found that the daughter had committed forgery and that the document was invalid.

If you believe that a will was created through fraudulent activities, contact an experienced will contest attorney serving New York at Stephen Bilkis & Associates who can help you assess your legal options. We can review the circumstances surrounding the creation of the will and help you understand the best course of action. The law provides remedies for victims of fraud in the creation of a will, and with the right legal help, you can seek justice and ensure that the testator's true intentions are carried out. 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.