A Will was written and the maker left everything to their boyfriend, do blood relatives have any rights of inheritance?
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A Will was written and the maker left everything to their boyfriend, do blood relatives have any rights of inheritance?
The deceased had a niece and nephew but they received nothing. Do they have much of a case to protest the Will? It was written shortly before the maker died.
Asked on October 19, 2015 under Estate Planning, New Mexico
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
A validly executed will is enforced as per its plain language and will overrule intestate succession, or the rules of who gets what when there is no will. The only grounds to contest the will are
1 Procedural if it was not properly signed, witnessed, etc. as per the laws of your state, it may not be valid.
2 Incapacity if the testator person making the will was not mentally compentent at the time of creating the will, which would require proof of mental incompetence.
3 Fraud the will that was signed is not the will the testator thought it was basically bait-and-switch shown will A, but then sneakily made to sign, etc. will B.
4 Undue influence the testator was pretty much helpless e.g. house-bound or bed-ridden and a caregiver who had tremendous power over her got her to leave significant assets to the caregiver--there are some other scenarios like this involving the testator's lawyer or accountant, etc., but they all involve someone with disproportionate power over the testator's life.
5 Duress forced such as by threats to leave the estate to someone.
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