Issues that Could Invalidate a Will in New York State

Reviewed by R. Spencer Lauterbach, ESQ.

It is not an altogether pleasant thought: Thinking about what happens after you have passed on. However, it is absolutely essential, considering that there is no avoiding this aspect of life. That is why you have begun crafting your estate plan, starting with writing your will. While New York State law does not require you to retain the services of an attorney, even minor slip-ups could invalidate your will. If you need help with estate planning, please read on, then contact an experienced Rockland County will attorney to learn what issues could invalidate a will in the state of New York.

How might you invalidate a will in New York?

An almost unlimited number of factors could suggest a successful basis for your survivors to contest your will. That being said, some of the most common factors that could lead to your will being invalidated include the following:

• Making last-minute changes: By far the most frequently encountered, this scenario arises when a deceased person executed a will close to the end of his or her life that drastically changed his or her estate plans. Usually, this is combined with one or more of the subsequent factors.
• Another person unfairly demonstrating control of your estate: If your estate plan is altered soon after another person gains control of your healthcare and finances, those who contest your will may draw unflattering conclusions.
• Another person exercising undue influence: If a confidential relationship exists and a will is created that benefits this person, this may likewise raise suspicions.
• Having questionable mental capacity: Because you have a degenerative condition or suffered an intervening event that resulted in possible mental incapacity, your will may come under fire.
• Creating dubious legal situations: It might raise some eyebrows if your lawyer becomes a beneficiary under a new will.
• Allowing for errors in execution: If your will does not provide clear and unambiguous instructions, it could lead to errors in execution that jeopardize the validity of the document as a whole.
• Not explaining changes: If you make a drastic alteration in your estate plans, you would be well advised to adequately and unequivocally explain your reasoning.

In addition to these red flags, probate courts throughout New York, including Rockland County, will strictly enforce these laws and standards when determining if an estate plan should be set aside.

Statutory Execution Requirements Under NY EPTL § 3-2.1

It’s important to understand that, before a court can consider allegations of undue influence or lack of capacity, it will first ensure that the will is legally valid for execution in New York, which includes:

• Age and Sound Mind: The testator must be at least 18 years old and demonstrate the necessary testamentary capacity at the moment of signing.
• Written Document and Signature: The will must be in writing and signed at the end by the testator (or by another person at the testator’s direction and in their presence).
• Two Attesting Witnesses: Two witnesses must observe the signing of the will or hear the testator acknowledge the will, and these witnesses must sign their legal names and addresses within 30 days of the will’s signing.
• Testamentary Declaration: The testator must explicitly declare to the witnesses that the document being executed is their last will and testament.

Legal Standing: Who Has the Right to Contest a Will?

In the New York Surrogate’s Court, only certain individuals are eligible to contest an estate plan. Those eligible to contest the will must follow a strict process to challenge the estate plan:

• Named Beneficiaries: Individuals named in the will or a prior valid will who have had their financial share reduced or terminated
• Intestate Heirs: In New York, legal heirs who would inherit assets if no legal will exists in accordance with NY EPTL § 4-1.1 have the right to contest the will
• Exclusion of Disinterested Parties: Friends, distant relatives, or those who are non-related and not mentioned in current or past wills are typically unable to object.

Recognizing Legal Grounds for Invalidating a Will in Court

It’s important to understand that a will cannot be contested solely because someone is unhappy with the terms and conditions established by the testator. As such, if someone wishes to contest the will, they must establish clear, evidentiary grounds through the Surrogate’s Court.

Proving Undue Influence and Coercion

When someone manipulates or coerces a vulnerable individual, and it impacts the testator’s free will and ultimately replaces the testator’s wishes with their own, it can constitute undue influence.

• Vulnerability and Power Imbalance: Showing the testator suffered from cognitive decline, advanced illness, or complete dependence on a caregiver or family member.
• Confidential Relationships: Heightened scrutiny applies when a caregiver, fiduciary, or advisor receives an uncharacteristically large bequest.
• Isolation Tactics: Evidence that the influencer restricted family communication or made false statements about relatives to control the estate plan.
• Abrupt Plan Changes: Unexpectedly disinheriting long-standing beneficiaries in favor of a recent acquaintance or sole caretaker shortly before death.

Lack of Testamentary Capacity, Fraud, and Execution Defects

In addition to undue influence, those contesting wills can challenge based on administrative or cognitive grounds through the probate process:

• Lack of Capacity: If the individual contesting the will can show that the testator failed to understand the nature of their assets, their legal heirs, or the nature of the will, the document may be successfully contested.
• Fraud or Forgery: Presenting evidence that the testator was tricked into signing a document under false pretenses or that signatures were forged.
• Ambiguity and Rectification: Objections raised when conflicting or unclear clauses render the true intent of the testator impossible to execute.

What Happens When a Will Is Invalidated?

In the event that the New York Surrogate’s Court has determined that a will is not legally valid, there are specific statutory rules that dictate how the individual’s estate will be distributed.

• Probating a Prior Valid Will: In the event that a previously valid will exists, the court may implement that document as the grounds for asset distribution.
• New York Intestate Succession: If there is no prior will, the assets will be distributed to legal heirs in accordance with the New York Intestate Succession laws outlined in NY EPTL § 4-1.1.
• Court Administrator Appointment: The court appoints an estate administrator rather than allowing an executor designated in the voided will to serve.

Whatever stage you are at in the estate planning process, you would be wise to reach out to a skilled Rockland County wills, trusts and estates attorney to discuss your options and begin finalizing your estate plans. Our legal team will help you draft a legally binding will using the clearest, least-contestable language that can be achieved. With our help, your last will and testament can survive even the most serious challenges, so please do not hesitate to give us a call today.

Contact our Firm

At the Lauterbach Law Firm, we understand how overwhelming the estate planning process can be, which is why we are dedicated to helping you obtain the peace of mind you need to ensure that your wishes will be honored according to your instructions. If you’re ready to create your estate plan, do not hesitate to contact our firm today.