This is Part 3 of 4 in a series of posts that will address will contests. These posts will focus on Connecticut law, however similar issues arise in New York and elsewhere. Click for Part 1 (discussing undue influence) and Part 2 (lack of testamentary capacity).
Connecticut, New York, and other states have created certain requirements for a will to be valid. By statute, Connecticut requires that a will be (1) in writing (oral wills are not permitted, but handwritten wills are allowed); and (2) subscribed (signed) by a testator who is at least 18 years of age; (3) before two witnesses.
It is important to remember that Connecticut also recognizes, and will admit to probate, any will that is validly executed under the laws of another state or country, including pursuant to the Uniform International Wills Act, which Connecticut has adopted as part of its statutes.
As compared to will challenges based upon undue influence or lack of testamentary capacity, a will challenge based on a failure to meet statutory requirements can be relatively straightforward. That said, numerous considerations and potential conflicts can arise involving witnesses, beneficiaries, and signatures.
This content is provided as background and does not constitute legal advice. The attorneys at our firm have many years of experience with probate issues. For more information or to schedule a free consultation, contact us at info@lalorattorneys.com / 646.818.9870.
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