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In New York State, it is not enough to have legal standing to contest a will. You must also have legal grounds to challenge a will's validity.
Legal Grounds for Contesting a Will
In New York, legal grounds for challenging a will fall under two basic categories:
Due Execution
Due execution concerns whether the instructions contained in the will itself were carried out appropriately and faithfully.
Competency of the Testator
Competency of the testator concerns whether, at the time of drafting or revising the will, the person was:
- of sound mind and competent to make decisions for themselves
- not suffering undue influence,
- not a victim of fraud
- not forced.
If you believe the will was not executed properly, that is legal grounds to challenge a will in New York.
Likewise, if the deceased was the victim of fraud which convinced them to write or change their will in some way, or they were under the influence or control of someone with power over them, or they were forced to write some or all of their will under duress, that is legal grounds for contesting the will. If you have reason to question their mental state at the time of drafting or changing the will, that is also legal grounds to contest a will in New York State.
Understanding the Will Contest Process in New York
Your likelihood of success in challenging a will hinges on the strength of your evidence. The burden of proof is on you as the one challenging the will. You must present material evidence and points of fact, not just your opinion or feelings. You may believe that your lost loved one was not of sound mind at the time of drafting their will—and you may well be correct—but the unfortunate truth is that unless you can prove it in court, your will contest won't succeed.
Disputing a will on the grounds of testator competency is rarely straightforward. It can be quite difficult to prove that the testator (the one writing the will) was not of sound mind, or otherwise deceived or forced when writing their will. You don't need to have all of your evidence gathered from the beginning, but you will need to know the grounds by which you are contesting a will before taking official legal action.
When and Where Can You File a Will Contest in NY?
The legal process of challenging a will in New York starts with petitioning Surrogate's Court. This must be done in whatever county the deceased was a resident of at the time of their death. Barring some limited exceptions, the deadline to file a challenge to a will is six months from the will's admission to probate.
How Do You Strengthen Your Will Contest Claim?
As you go through the initial legal process (if not earlier), you should also be gathering evidence. This can be documentary evidence—medical records, emails, letters, receipts—and also witness statements. You will have the opportunity to depose witnesses, meaning you can question them under oath.
Bear in mind that this evidence gathering, witness questioning, and case building goes both ways. Anyone seeking to keep the will from being challenged will also be preparing, but to defend it. Seeking guidance from an attorney experienced with trusts and estates is highly advised, especially if you are opposing someone who has themselves retained legal counsel.
It is possible the matter will go to trial. Remember: the burden of proof falls on you as the one challenging the will. After hearing arguments and considering evidence from both sides, the judge will make a decision on whether the will is valid or not.
Possible Outcomes of a Will Contest
If you are unsuccessful in challenging the will, and the will is upheld in court, it will be executed. If your will contest succeeds, one of a few different things may happen. In some cases, an earlier version of the will may be executed instead. If there is no previous valid version of the will, however, the deceased's estate will be distributed according to New York State intestacy laws, as described above. Which is to say, it will be as if the decedent had no will in the first place.
Do You Need a Lawyer to Contest a Will in New York?
No; you can file a petition in Surrogate's Court to challenge a will in New York state without an attorney. However, New York probate law is complex. Understanding what evidence is most likely to win in court takes not just knowledge of case precedent, but hands-on experience contesting wills under circumstances similar to yours. While you don't need a lawyer to contest a will in New York, it is highly advisable to at least consult an attorney before initiating the legal process, lest you risk a fatal error that costs you the case.
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.
