N.Y. Court Rules Objectants in Recent Will Contest Failed to Raise Issue of Fact

May 19, 2017


By: Carole M. Bass

In a will contest in New York, the proponent has the burden of establishing that the instrument offered for probate was duly executed and that the decedent possessed the requisite testamentary capacity at the time the instrument was executed. If the proponent satisfies that burden, the burden shifts to the objectant to establish with sufficient proof that material questions of fact exist to defeat a petition for summary judgment admitting the will to probate.

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