When Family Disputes Meet Legal Complexity: Understanding Contested Wills in New York

The passing of a loved one is already an emotionally challenging time, but when disputes arise over their will, families can find themselves navigating both grief and complex legal battles. In New York, up to 3 percent of wills executed in the United States are contested, making will contests more common than many people realize. Understanding what to expect and how to prepare for a contested will proceeding can make the difference between a successful outcome and costly disappointment.

Understanding Will Contests in New York

Any person who is affected by a will may challenge the will after it is submitted to the court for approval. This is called a “will contest.” However, not everyone has the legal standing to contest a will. In order to have standing to contest a will, you must have a “pecuniary interest”. A pecuniary interest is an interest relating to money; therefore the following persons have standing to contest a will: Distributees (heirs at law) who would receive less under the the last will and testament than they would receive if there were no will; and Beneficiaries who would receive less under the purported will than they would under a prior last will and testament.

Heirs-at-Law: Individuals such as children, siblings, or spouses who would inherit property under New York’s intestacy laws (when there is no valid will) have the right to contest a will. For instance, an heir who is disinherited or whose expected inheritance is significantly reduced by the terms of a will has a valid financial interest, allowing them to file an objection.

Common Grounds for Contesting a Will

The most common grounds for challenging a Will are improper execution, lack of testamentary capacity, and undue influence. Understanding these grounds is crucial for anyone considering a will contest:

• Improper Execution: In New York, the requirements for due execution are as follows: (1) the deceased must have signed the Will (or directed another to sign the Will in his or her presence) at the end thereof, (2) the deceased must have signed (or acknowledged that he or she signed or directed another to sign) in the presence of two witnesses, (3) the deceased must have declared the document to be his or her Will, and (4) the witnesses must have signed the Will as witnesses at the request of the deceased.
• Lack of Testamentary Capacity: Lack of testamentary capacity refers to situations where the deceased was not of sound mind when creating the will, which means they did not understand the nature and consequences of their actions.
• Undue Influence: If someone exerted undue influence or coerced an individual into changing their will, the document could be invalidated. Proving undue influence involves showing that the influencer had a close relationship with the person and benefited from the will’s provisions.
• Fraud: Fraud: in which someone claims you only made the will because another person lied to you and it influenced how you divided your property in a way that goes against your wishes.

The Contest Process: What to Expect

The procedure for contesting a will in New York involves several steps, starting with filing a caveat with the surrogate’s court and then moving into litigation. The process typically unfolds as follows:

Time Sensitivity is Critical: In New York, the statute of limitations for contesting a will is typically before the will is admitted to probate. Once the probate process begins, the window for filing a challenge closes quickly, and if you miss this deadline, you may lose your right to contest the will altogether.

Filing the Petition: Your attorney will file a petition in the Surrogate’s Court, the specialized court responsible for handling estate matters. When you file your petition, you will need to outline your grounds for contesting the will and provide the supporting evidence that you have gathered.

Discovery Phase: This phase involves gathering information from various sources to build your case. One of the key components of discovery is deposing witnesses. Depositions allow you to question witnesses under oath and obtain their testimony, which can be used as evidence in court. Witnesses may include individuals who were present when the will was executed, as well as medical professionals who can provide insights into the testator’s mental state.

Trial: If the will contest proceeds to trial, both parties will have the opportunity to present their cases in full. This includes calling witnesses, presenting evidence, and making legal arguments. The trial can be a lengthy and arduous process, requiring meticulous preparation and a strong legal strategy. The burden of proof lies with the party contesting the will, meaning they must demonstrate that the will is invalid based on the grounds presented.

How to Prepare for a Will Contest

Gather Strong Evidence: Contesting a will requires strong evidence to support your claim. The court will not invalidate a will without compelling proof that there were issues with its creation or execution. Gathering this evidence is one of the most critical steps in the process.

In cases of lack of testamentary capacity, medical records and testimony from individuals who interacted with the testator near the time the will was created can help establish whether the testator had the mental capacity to understand their actions.

Secure Legal Representation: Securing a contested will attorney is typically recommended to help you throughout the process. It is highly advisable to seek the assistance of an experienced attorney who can guide you through each step of the process. An attorney can help you understand your rights, gather and present evidence, and represent your interests in court. The legal experience and support provided by an attorney can significantly increase your chances of a successful will contest.

When You Need Expert Legal Guidance

For Long Island residents facing will contests, working with experienced legal counsel is essential. Long Island trusted estate planning, elder law and will probate legal services ensuring the future security of you and your loved ones. Fratello Law, with offices located in Smithtown and Syosset, New York, brings a unique approach to estate litigation. The legal services we provide our clients are not only important – they impact the lives of our clients and their loved ones. That’s why professionalism must be carefully combined with the empathy and compassion our clients deserve. Our experienced Long Island lawyers and staff take pride in focusing on each client’s individual needs and taking the time to understand those specific needs.

Whether you’re considering contesting a will or defending against a challenge, a qualified Probate Attorney Nassau County can provide the specialized knowledge needed to navigate New York’s complex probate laws. Along with office consultations, we also offer consultations by telephone, video conference (Zoom), and at home for homebound clients. We visit clients in rehabilitation centers, hospitals, nursing homes and assisted living residences. We are available early morning and after-hours in an effort to be available when you need us most.

The Potential Outcomes

The outcome of a will contest can vary depending on the evidence and arguments presented. If the judge finds in favor of the party contesting the will, the will may be declared invalid. In such cases, the court may revert to a previous valid will, if one exists, or distribute the estate according to New York’s intestacy laws.

If a will contest is successful, the judge may say that all or parts of the will are invalid and cannot be used to divide your property. The court will then divide your property and money as it sees fit, which may be as if there were no will at all. In that case, your estate would be divided according to New York’s law of intestacy.

Moving Forward with Confidence

The process of contesting a will can be a complex and emotionally charged experience, especially in a state like New York, where probate laws can be intricate. Contesting a will is not a decision to be taken lightly. The New York legal system upholds the sanctity of wills, but it also provides mechanisms for individuals to challenge them under specific conditions. For those who believe they have grounds to contest a will, the process must be approached with a thorough understanding of the laws and procedures involved.

Understanding contested wills in New York requires both legal knowledge and emotional preparation. With proper guidance from experienced estate litigation attorneys who understand the intricacies of New York probate law, families can navigate these challenging situations while protecting their rights and honoring their loved one’s true intentions. The key is acting quickly, gathering strong evidence, and working with legal professionals who combine technical expertise with compassionate support during one of life’s most difficult transitions.