Proposing an Amendment to Article 81 to Allow Invalidation of Wills as Part of, or Subsequent to, a Proceeding for Appointment of a Guardian

Authors

Jody Saltzman, Benjamin N. Cardozo School of Law

Abstract

The note examines the legal challenges surrounding the revocation of Wills and Powers of Attorney, particularly in cases involving individuals with dementia. It argues that current legal frameworks, such as New York's postmortem probate system, often fail to address issues of testamentary capacity and undue influence effectively. The analysis highlights the significance of the In re Ruby Slater case, which demonstrates the potential benefits of allowing Will revocations under Article 81 guardianship proceedings. The note advocates for legal reforms to improve the handling of such cases, ensuring greater certainty for testators and protecting vulnerable individuals from exploitation.

Disciplines

Elder Law | Estates and Trusts | Law | Law and Gender

Recommended Citation

Jody Saltzman, Proposing an Amendment to Article 81 to Allow Invalidation of Wills as Part of, or Subsequent to, a Proceeding for Appointment of a Guardian, 10 Cardozo J. Equal Rts. & Soc. Just. 202 (2003).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol10/iss1/8