How to challenge the legality of a new Will?

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How to challenge the legality of a new Will?

My grandfather recently passed. His son and stepdaughter are considered co-executors of his original Will and his son has power of attorney. My grandfather drafted that Will almost 2 years ago (both executors signed it). However, about 3 months ago his stepdaughter had a new Will drafted by a different attorney. His son had no knowledge of the new Will and there is reason to believe that my grandfather was coerced into creating it. Is this new will legal, especially since he was diagnosed with dementia over 16 months ago?

Asked on August 14, 2011 Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the situation as it now stands.  I am assuming that the son is the one that is upset about the new Will and that is differs from the other Will, correct?  If your Grandfather was not of "sound mind" when he executed the new Will - and it sounds as if he was not - then the Will should be challenged.  The information you give about the executors signing the Will is unimportant to prove that the Will is legitimate. It does, however, create an issue on another front in that witnesses to the Will should never be beneficiaries to the Will.  It creates an appearance of impropriety.  Nevertheless, also know that the Power of Attorney no longer exists a it died witrh your Grandfather.   So his son needs to seek an attorney as soon as he can.  Good luck.


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