Contesting a Will in New York: A Litigator's Perspective on Grounds, Process, and Outcomes

Can You Contest a Will in New York?

Yes, but not everyone can, and not for every reason. In New York, a will contest is a formal legal proceeding in Surrogate's Court challenging the validity of a will. Understanding who can contest a will, on what grounds, and within what time frame is essential before pursuing this type of litigation.

Who Can Contest a Will in New York?

Only an "interested party" has standing to contest a will in New York. This includes:

• Distributees, people who would inherit under New York's intestacy laws if there were no will
• Beneficiaries under a prior will, people who received more under an earlier version of the will
• Creditors, in limited circumstances

If you would receive nothing whether the will is valid or invalid, you generally lack standing to contest it.

Legal Grounds for Contesting a Will in New York

New York recognizes four main grounds for contesting a will:

1. Lack of Testamentary Capacity

The testator (person who made the will) must have been of "sound mind and memory" at the time of signing. This means they must have understood:

• The nature and extent of their property
• Who their natural heirs are
• What a will does
• How these elements relate to each other

Dementia, Alzheimer's disease, or other cognitive impairments may support a capacity challenge, but the standard is relatively low, and courts generally presume capacity.

2. Undue Influence

Undue influence occurs when someone substitutes their will for the testator's by overcoming the testator's free will through pressure, manipulation, or coercion. Signs of undue influence include:

• Isolation of the testator from family and friends
• Dependence of the testator on the alleged influencer
• Sudden changes to the will benefiting the influencer
• The influencer's active participation in will preparation

Proving undue influence requires circumstantial evidence, direct proof is rare.

3. Fraud

Fraud occurs when someone makes false representations to the testator that cause them to execute a will they would not otherwise have made. This is distinct from undue influence and requires proof of intentional deception.

4. Improper Execution

New York has strict requirements for will execution. A valid New York will must:

• Be in writing
• Be signed by the testator at the end
• Be signed in the presence of two witnesses
• Be declared by the testator to be their will (publication)
• Have witnesses who sign within 30 days of each other

Failure to comply with these requirements can invalidate the will entirely.

The Will Contest Process in New York

Filing an Objection

A will contest begins when an interested party files objections to the probate petition in Surrogate's Court. This must be done before the will is admitted to probate, typically within the time specified in the court's citation.

Discovery

Will contest litigation involves extensive discovery, including depositions of witnesses, the attorney who drafted the will, medical professionals, and anyone who had contact with the testator near the time of execution.

Trial

If the case doesn't settle, it proceeds to trial before a Surrogate's Court judge (or sometimes a jury). The burden of proof generally falls on the objectant (the person challenging the will).

Outcomes of a Will Contest

If a will contest is successful, the challenged will is denied probate. The estate then passes either under a prior valid will or under New York's intestacy laws.

Many will contests settle before trial, sometimes with a negotiated distribution that differs from what the will provides.

Should You Contest a Will?

Will contests are expensive, time-consuming, and emotionally draining. Before pursuing a contest, consider:

• The strength of your legal grounds
• The cost of litigation vs. the potential recovery
• The impact on family relationships
• The time involved (will contests can take years)

An experienced estate litigation attorney can help you evaluate whether a will contest makes sense in your situation. Contact Alan Vaitzman, Esq. for a confidential consultation.