Contesting a will in New York is possible under certain circumstances, such as a lack of mental capacity, undue influence, fraud, or improper execution of the document. You should note, however, that only certain individuals with a vested interest in the estate are eligible to challenge a will during the probate process in New City, Nyack, Nanuet, or any surrounding Rockland County Community. If you are in this situation, our firm can help. Contact us today to speak with one of our experienced New York estate planning attorneys.
What Makes a Will Valid in New York?
A will is an important document. With that being said, there are some specific guidelines that must be followed in order for it to be considered a valid will.
Legal Requirements for a Valid Will in New York
- The testator must either sign the will themselves or another person must sign the testator’s name at their direction and in their presence
- At least two people must witness the signature and sign their names on the will within 30 days of each other
- The testator must be at least 18 years old and of “sound mind and memory”
- At some point during the will’s execution and attestation, the testator must tell each witness that the document is their will
Who Can Contest a Will in Rockland County?
Not every individual is eligible to formally contest a will. In New York, only those with legal, financial interest in the estate have the legal standing to contest a will. This generally includes legal heirs, named beneficiaries, and those named in prior editions of the will.
Parties Eligible to Contest a Will in New York
- Beneficiaries named in the current will
- Beneficiaries named in a prior will who would have received more under that version
- Intestate heirs (those who would inherit assets if no will existed)
- Legal guardians representing minors or incapacitated individuals
Legal Reasons to Contest a Will in New York?
Once a will is created, the document must go through probate court after the testator dies. The probate process is used to determine whether the will is a valid document. In the event that a court believes that the will is invalid and does not follow the guidelines, it may be contested. Probate law states that a will can only be contested by those who are mentioned in the will of a previous will that was written.
In New York, the courts will only invalidate a will if clear legal grounds are proven. These challenges are closely scrutinized under strict statutory standards, meaning strong legal grounds and credible evidence are critical in order to succeed.
Common Legal Grounds to Contest a Will
There are several reasons a will may be contested.
- Lack of capacity: The testator did not understand the full nature of their assets, named beneficiaries, terms, or the consequences of signing the will
- Undue influence: A person in a position of power manipulated the testator into altering the will for their own benefit
- Fraud or forgery: The will was altered, falsified, or signed under false pretenses
- Improper execution: The will did not follow the legal formalities required under New York Estate, Powers, and Trusts Law
When Can You Contest a Will in New York?
A will can only be contested once it has been formally submitted to the Surrogate’s Court for probate. It’s critical to understand that there are strict timing requirements to contest a will, so working with an experienced estate litigation attorney if you wish to contest the document is critical.
Important Timing Considerations
- Contesting typically begins following the receipt of a citation notice from the Surrogate’s Court
- Deadlines can vary, but are generally short (sometimes as little as a few weeks)
- Missing the deadlines can prevent you from challenging the will, even if there are valid legal grounds to do so
- Early consultation with an attorney is strongly recommended
What Evidence Can Help Me Contest a Will?
Successfully contesting a will requires strong, credible evidence to help support your claims. As such, understanding the evidence the Rockland County Surrogate’s Court will consider when reviewing your claims is critical.
Types of Evidence That Can Strengthen a Claim
- Medical records showing a lack of mental capacity at the time the will was signed
- Prior versions of the will with different beneficiaries and asset distribution terms
- Financial or legal documents demonstrating dependency or control by another party
- Witness testimony regarding the testator’s condition or external pressures
- Communications, like emails, letters, or even voice messages, that indicate manipulation, coercion, or confusion
The strength, credibility, and timing of evidence are critical in determining whether or not a will is successfully contested in Surrogate’s Court
What if the Will Is Invalid?
The court will throw out a will if it is deemed invalid. If there is no other will, the deceased’s assets will be distributed by the state of New York through a succession plan.
Possible Outcomes
- A prior version of the will is reinstated
- The estate is distributed in accordance with New York intestacy laws
- Specific provisions in the will may be removed, while others are deemed valid
Contact Our New City Estate Planning Firm
The Lauterbach Law Firm is proud to serve clients throughout Rockland County who are faced with legal matters related to estate planning, especially when the wishes of a loved one are on the line. If you are looking to contest a will, it is in your best interest to reach out to our experienced firm today. Our legal team recognizes that after the passing of a loved one, litigation is likely the last thing you would like to deal with. We want to ensure that your matters are resolved as soon as possible. If you require the services of an experienced team of attorneys, contact our dedicated firm today to schedule a consultation.
