New York law generally requires that, to have a will admitted to probate, a party offering the will for probate must file the original instrument with the Surrogate’s Court (Margaret V. Turano, Practice Commentaries: SCPA § 1407 [McKinney’s]). When an original will is lost, Surrogate’s Court Procedure Act (“SCPA”) § 1407 sets forth the requirements
June 2025
Invalidating Legal Documents and Transactions in Article 81 Guardianship Proceedings
By Bret Cahn on
Posted in Guardianship
Much has been written about courts invalidating instruments or transactions after a person’s death. Courts invalidating instruments or transactions during a person’s lifetime is discussed less often. A mechanism for doing so is found in Article 81 of the Mental Hygiene Law (“MHL”), which governs proceedings to appoint a guardian for an alleged incapacitated person’s…