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WHAT DOES IT MEAN TO CONTEST A WILL IN NEW YORK?
To contest a will means to challenge the validity of that will. If you believe the will is invalid and you have standing, contesting the will may be an option.
WHO CAN CHALLENGE A WILL IN NEW YORK?
Only those with legal standing can contest a will in New York state. The Surrogate's Court Procedure Act (SCP) covers what qualifies someone for the standing needed to challenge a will's validity. Chapter 59-A, Article 14, § 1410 stipulates that "Any person whose interest in property or in the estate of the testator would be adversely affected by the admission of the will to probate may file objections to the probate of the will or of any portion thereof" (with a few exceptions).
Translation? If you have a valid interest in the estate, and your interest would be reduced or eliminated if the will were to be executed as is, you have standing.
Having an interest in the will doesn't simply mean you believe you should have been included and weren't. It must be the case that either:
A) If there had been no will and the estate had been apportioned according to New York intestacy laws, you would have inherited more (note: “intestacy” means without a will)
or
B) You stood to inherit more under a previous version of the will.
SITUATION A: NYS INTESTACY LAWS
Here's an example of Situation A, wherein you'd have received more under New York State intestacy laws:
Say we are considering Roger Rochester's will; he passed with no spouse and three living adult children. You are one of Rochester's three kids. Your two siblings each get a sizable inheritance, but you get nothing. You do have standing to contest the will. Why? Because if Rochester had died intestate—meaning he did not have a will—you would have inherited.
New York State intestacy laws govern who gets what if someone passes without a will. Distribution is determined by relation to the deceased (or, "Decedent" in Legalese). The basic hierarchy goes:
- Spouse
- Children (or grandchildren, if the deceased outlived their children)
- Parents
- Siblings
- New York State
New York State intestacy laws say that children, if there is no spouse, have the estate divided equally amongst them. If Mr. Rochester had no will, you would have inherited more. Therefore, you do have standing to challenge the validity of the will.
SITUATION B: YOU WERE WRITTEN OUT OF THE WILL
Now, let's consider an example of Situation B, wherein you stood to inherit more under a previous version of the will:
Your longtime friend of the family, Matilda Monroe, wrote you into her will in 2020, bequeathing you her house. But a few years later, she had a new will drawn up. The new will left her house and all of her belongings to a local museum instead. You do have standing to contest the will. Because, under a previous version of the will, you would have inherited. You lose out if the current will is admitted to probate.
Here's an alternative version of the same example:
You are a longtime family friend of Monroe. You feel very strongly you ought to have inherited her house, because you helped her keep it up for twenty years: cleaning, cooking, repair work, lawn maintenance, and more. You are not included in Monroe's most recent will. But nor were you included in any previous versions of her will. Therefore, you have no standing.
However: just because you do have standing does not mean there are grounds to contest the will. That is a separate question.
DO YOU NEED A LAWYER TO CONTEST A WILL IN NEW YORK?
The process for challenging a will in New York State is designed such that people do not need to retain an attorney. You may file your petition in Surrogate's Court without legal representation. However, New York probate law and the legal process of contesting a will are both complex. So, while you don't need a lawyer technically speaking, it may be wise to consult an attorney experienced in trusts and estates in New York before beginning any legal action. And, if you are unsure whether you do have legal standing or grounds to contest a will, consulting an attorney can help you determine whether pursuing a will contest would benefit you.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
