Self-Proving Affidavits

Writing a will means stating your wishes in a final form. As long as you are alive, you can backpedal on your statements. People can badger you or intimidate you into changing your position, or if you refuse to let them do this, it can lead to a rift in your relationship. Your will is the place to say what you mean, even if you could never speak the words out loud when you were alive. In a perfect world, the personal representative of your estate could simply present your will to the probate court, and the court would get to work following the instructions in your will. Unfortunately, people might challenge a will that is legally valid, a will where the testator meant every word. This can mean that the personal representative of the estate must spend time, and the estate’s money, defending against the challenge, which means that it will take longer for the estate to settle and that there will be less money for the heirs to inherit when it does. In the worst-case scenario, the court might rule in favor of the objector and refuse to administer the will at all. There are things you can do to prevent this scenario, even though the scenario, by definition, cannot arise until after you die. For advice on helping your will prove that it is valid, contact a Bronx estate planning lawyer.

What Could Be Wrong With a Will That Looks Fine?

A will can only be valid if it is typewritten or word processed and if it bears the signature of the testator and the signatures of two witnesses. Even if the will meets those formal requirements, someone might still successfully challenge the will. For example, they might argue that the testator signed the will under duress or that the will was a matter of undue influence, meaning that someone manipulated the testator into signing the will. You can sometimes prove undue influence by arguing that, when the testator signed the will, he or she was too ill to understand its implications or to refuse to sign it.

Proving That a Will Is Valid When the Testator Is No Longer Around to Testify

If there are doubts about the validity of the will, the probate court can summon the witnesses who signed the will. The witnesses to the will can testify as to whether the testator was of sound mind when he or she signed the will and whether they are aware of anyone coercing the testator into signing. Instead or in addition, the testator can write a self-proving affidavit, which is a statement declaring that the testator signed the will freely and while the testator was of sound mind. You should also have witnesses sign your self-proving affidavit.

Schedule a Confidential Consultation With a Bronx Estate Planning Attorney

An estate planning lawyer can help you draft or update your will and write a self-proving affidavit to prevent challenges.  Contact Cavallo & Cavallo in the Bronx, New York to set up a consultation.