Steps to Take When Contesting a Will in New York

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. When a loved one passes away, their will outlines their wishes regarding the distribution of assets. However, there are situations where certain individuals may have reason to believe that the will does not accurately reflect the deceased’s intentions, or that the will was created under circumstances that compromised its validity. If you find yourself in such a position, it is crucial to understand the steps you need to take to contest a will in New York.

Richard H. Cole
Partner

Thomas F. Hewner
Partner

Donna L. Haslinger
Partner

Vivian P. Roche'
Partner

Keith R. Rosso
Attorney

Tasha D. Frazie
Attorney

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. This guide will outline the key steps to take when contesting a will in New York, helping you navigate the complexities of the legal system.

Determine if You Have Standing to Contest the Will

The first step in contesting a will is determining whether you have the legal right to do so. Not everyone can challenge a will, and in New York, only individuals who have a legitimate interest in the outcome of the will can contest it. This includes beneficiaries named in the current will, beneficiaries who were named in a previous version of the will, and heirs who would have inherited under the state’s intestacy laws if there had been no will.

If you are a beneficiary under a prior will and the new will drastically alters your inheritance, or if you are a family member who stands to inherit under New York’s laws of intestacy, you may have standing to challenge the will. Establishing standing is a crucial first step because it provides you with the legal right to file a challenge in court. Without standing, the court will dismiss your case, regardless of the merits of your argument.

Identify the Grounds for Contesting the Will

Once you have determined that you have standing to contest the will, the next step is to identify the specific grounds on which you will base your challenge. In New York, there are several legal grounds for contesting a will, and it is essential to understand which one applies to your situation.

One of the most common grounds for contesting a will is undue influence. This occurs when someone exerts pressure on the testator (the person making the will) to the extent that the testator’s true wishes are not reflected in the will. Another ground for contesting a will is lack of testamentary capacity, meaning that the testator did not have the mental capacity to understand the nature and consequences of their decisions when the will was created. Fraud is another possible ground for challenging a will, such as if the testator was tricked into signing the document without realizing it was a will. Finally, a will can be contested if it was not properly executed according to New York law, such as if there were not enough witnesses or if the document was not signed correctly.

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Gather Evidence to Support Your Claim

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.

If you are claiming undue influence, you will need to show that the testator was subjected to pressure that overpowered their free will. This might include evidence of a confidential relationship between the testator and the individual accused of exerting undue influence. 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. If fraud is the basis of your challenge, you will need to prove that the testator was deceived or tricked into signing the will under false pretenses.

In addition to gathering documentary evidence, witness testimony can be crucial in contesting a will. Individuals who were present during the signing of the will or who were familiar with the testator’s state of mind and relationships at the time can provide valuable insights to support your case. Your attorney can help you identify and interview potential witnesses to build a strong case.

File a Petition with the Surrogate’s Court

Once you have gathered the necessary evidence, the next step is to formally initiate the legal process by filing a petition with the Surrogate’s Court. The Surrogate’s Court is the court that oversees probate matters in New York, including will contests. 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.

It is important to act promptly when filing your petition, as there are time limits for contesting a will. 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.

After filing the petition, the court will schedule a hearing where both sides can present their arguments and evidence. During this process, the executor of the will and any other interested parties, such as beneficiaries named in the will, will have the opportunity to respond to your challenge. The court will carefully review the evidence presented by both sides before making a decision.

Prepare for Court Hearings and Negotiations

The legal process of contesting a will often involves multiple court hearings and, in some cases, negotiations between the parties involved. Be prepared for the possibility that the process may take time and require patience.

During court hearings, both sides will present their evidence and arguments, and the judge will evaluate the validity of the will. In some cases, the parties may reach a settlement outside of court, where the terms of the will are modified to address the concerns raised by the contesting party. Settling a will contest can be a way to avoid the expense and uncertainty of a prolonged court battle.

If the case proceeds to trial, your attorney will present your case before the judge, calling witnesses and presenting evidence to support your claims. The executor of the will, along with other beneficiaries, will also have the opportunity to defend the validity of the will. The judge will make a decision based on the evidence presented, which could result in the will being upheld, modified, or invalidated.

Consult with an Attorney Throughout the Process

The process of contesting a will in New York is complex, and it is essential to have the guidance of a knowledgeable attorney to help you navigate the legal system. An attorney who is experienced in probate and estate litigation can provide valuable insights into your case, help you gather the necessary evidence, and represent your interests in court.

Your attorney will also play a critical role in advising you on the strength of your case and helping you understand the potential outcomes. Contesting a will can be an emotionally charged process, especially when it involves disputes between family members. Having legal counsel can provide the support you need to make informed decisions throughout the process.

Contesting a will in New York requires a thorough understanding of the legal process and careful preparation. By determining if you have standing, identifying the grounds for contesting the will, gathering strong evidence, filing a petition with the Surrogate’s Court, and working closely with an attorney, you can increase your chances of successfully challenging a will. However, it is essential to approach this process with patience and a clear understanding of the potential complexities involved.

If you are considering contesting a will and need legal guidance, Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. can provide the support and experience you need to navigate this challenging process. Our team is here to help you understand your rights and work towards a resolution that honors your loved one’s true intentions. Reach out to us today for a consultation.