The Elusive “Iron-Clad” Will

The Elusive “Iron-Clad” Will | Tom Sciacca

Question: Is there any such thing as an “iron-clad” Will? Simple answer: Nope (sorry ‘bout it). A lot of people think that putting a certain amount of time, work, or even money into drafting estate planning documents can prevent a troublesome family member from challenging a Will. That’s not how things work. In New York (like in most states), we have a self-policing system of determining validity of Wills. That means that when someone dies, the Court puts his or her next-of-kin on notice that someone is offering the Will for probate. Essentially, telling them that if they have an objection to the Will, they should show up in Court and let their voice be heard as to why the Court should not probate it. Best-case scenario, a troublesome family member will simply not appear in Court; worst-case scenario, they see it as an invitation to challenge the Will’s validity.

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