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We successfully defended a will signed under Mental Hygiene Article 81 in Surrogate’s Court
The Decedent signed her will during the pendency of a Mental Hygiene Article 81 proceeding in Supreme Court, seeking to have her determined incompetent. Upon learning of this, in that proceeding the Supreme Court made a decision and order invalidating the will while the Decedent remained alive. The Decedent later died and the will was offered for probate. The corporate fiduciary and trustee retained our firm to handle the litigation initiated by the Attorney General, certain relatives and charities who sought to invalidate the will. We successfully defended the will, in a novel matter of attempted pre mortem probate by the Supreme Court. In Surrogate’s Court, after sworn testimony in court by the attorney draftsperson and another attorney who witnessed the will, we prevailed and the will was admitted to probate and the matter settled, based upon a written determination of the Surrogate.