Can estranged wife contest will?

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Can estranged wife contest will?

My Dad passed away in January. His wife left the home five months before he passed away taking everything she wanted and left the rest for my Dad. Dad’s will left everything to us, his daughters, and nothing to the wife. I’m afraid her daughter the wife has dementia will contest the will. Is it possible for her to do that on her mother’s behave, and is there a chance she’ll win?

Asked on March 7, 2016 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

She has the right, including via her legal guardian (if she has dementia) if necessary, to contest the will as a spouse--whether estranged or not, she is still legally his spouse if they never divorced. Spouses typically inherit, so she is presumptively an interested party--someone who would have a legitimate expectation of inheriting. If she or her legal guardian believe that the will disinheriting her is invalid (e.g. not properly executed and witnessed) or was procurred/obtained improperly (such as by fraud, duress, or undue influence) or was created when your father was not mentally incompetent (mentally incompetent people cannot create valid wills), they can look to contest it in court and it is almost certain that the court will at least hear her case. Whether she can win will depend on the facts: can she show that the will was invalid for some reason?


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