When someone passes away, families hope the will truly reflects their loved one’s wishes. Sadly, this isn’t always the case. Many people in Suffolk County come to us because they feel a will doesn’t match what their parent, spouse, or relative wanted.
New York law lets certain people challenge a will, but the process can be complicated and depends on the facts. If you think something is wrong, it’s important to know the legal reasons for contesting a will and what might happen if you file an objection in Surrogate’s Court.
Contesting a will can impact inheritances, family relationships, and how the estate is handled. Understanding your rights under New York law is the first step.
In New York, a will is submitted for probate in the Surrogate’s Court where the person lived, which is often Suffolk County for Long Island residents. The probate process mainly follows the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL). If someone files objections, the court decides if the will meets legal requirements and truly reflects what the person wanted.
Lack of Due Execution
One of the most common grounds to contest a will is improper execution. New York law sets strict requirements for how a will must be signed and witnessed. Under EPTL § 3-2.1, a valid will must be in writing, signed at the end by the testator, and witnessed by at least two individuals who also sign within 30 days. The testator must either sign in the presence of the witnesses or acknowledge the signature to them.
If these rules aren’t followed, the will might not be valid. For instance, if a witness wasn’t there or the signature wasn’t properly confirmed, that could be a reason to challenge the will. Even small mistakes can have big effects, especially if there isn’t an earlier valid will.
Lack of Testamentary Capacity
A will is only valid if the person who signed it had the mental ability required by law. In New York, this standard isn’t very high, but it still must be met. The person must know what property they have, who their likely heirs are, and what it means to sign the will.
Courts look at medical records, testimony from witnesses, and surrounding circumstances. Cognitive decline, dementia, or serious illness may raise questions, but the key issue is whether the person had capacity at the moment the will was executed. Even someone with a diagnosis of dementia may still have capacity during a lucid interval. When we evaluate a potential contest, we examine medical evidence and witness testimony carefully.
Undue Influence
Undue influence is another common basis for contesting a will. This occurs when someone exerts pressure that overcomes the free will of the testator. The result is a document that reflects the influencer’s wishes rather than the decedent’s intent.
New York courts require proof that the influence amounted to moral coercion. Suspicious circumstances, such as a caregiver who isolates the decedent and suddenly benefits under a new will, may support this claim. Evidence may include abrupt changes to longstanding estate plans, secrecy surrounding the drafting process, or involvement of a beneficiary in procuring the will.
Fraud
Fraud can invalidate a will if the testator was deceived into signing a document based on false information. For example, if someone lies about a family member in order to persuade the testator to disinherit them, and that misrepresentation directly caused the change, the will may be challenged.
The objectant must prove that the false statement was knowingly made and that the testator relied on it when executing the will. Fraud cases can be difficult because they require clear proof of intentional deception.
Duress
Duress is closely related to undue influence but involves threats rather than persuasion. If a testator signs a will because of fear or coercion, the document may not reflect voluntary intent. Evidence of threats, isolation, or control over access to medical care or finances can be relevant.
Revocation and Later Wills
Sometimes a will is contested because a later document exists. Under EPTL § 3-4.1, a will can be revoked by a subsequent will or by physical destruction with intent to revoke. If multiple documents are discovered, the court must determine which one controls. Disputes often arise when family members produce conflicting versions.
Standing to Contest a Will
Not everyone can challenge a will. Under SCPA § 1410, only parties with a financial interest that would be adversely affected have standing. This may include heirs at law or beneficiaries under a prior will. If a person would not benefit even if the will were invalidated, they generally cannot file objections.
Ramifications of a Will Contest
Contesting a will can significantly delay estate administration. Litigation may involve document discovery, depositions, medical record review, and court hearings. Legal fees are often paid from estate assets, though in some cases the court may allocate costs differently.
If the court invalidates the will, the estate may pass under a prior valid will or, if none exists, according to New York intestacy laws under EPTL § 4-1.1. That statute sets out the order of distribution to spouses, children, and other relatives. The result may be very different from what the challenged document provided.
Because these cases are fact-driven and sensitive, early evaluation is critical. We review the drafting history, witness affidavits, medical records, and financial circumstances before advising clients whether to proceed.
FAQs About Contesting A Will In New York
Who Can Contest A Will In New York?
Only individuals with legal standing may file objections. This typically includes heirs at law who would inherit under intestacy and beneficiaries named in a prior will. If the challenge will reduce or eliminate your inheritance, you may have standing. The Surrogate’s Court will review whether your financial interest is directly affected before allowing the contest to proceed.
How Long Do I Have To Contest A Will?
Objections must be filed within the time set by the Surrogate’s Court after receiving a citation. The deadline is often short. If you fail to act within that period, you may lose the right to challenge the will. It is important to consult counsel promptly after receiving notice of probate.
What Evidence Is Used In A Will Contest?
Evidence may include the drafting attorney’s file, witness testimony, medical records, emails, and financial documents. In many cases, the court permits an examination under SCPA § 1404 before objections are formally filed. This allows questioning of the attesting witnesses and the attorney who drafted the will.
Can A No-Contest Clause Prevent Me From Challenging The Will?
Some wills contain in terrorem clauses that penalize beneficiaries who challenge the document. Under EPTL § 3-3.5, these clauses are generally enforceable, but there are exceptions. For example, certain preliminary examinations and objections made in good faith may not trigger forfeiture. The language of the clause must be reviewed carefully.
What Happens If The Court Invalidates The Will?
If the will is declared invalid, the estate may pass under a prior valid will. If no prior will exists, distribution follows intestacy rules under EPTL § 4-1.1. This can significantly alter who receives assets. The court may also address fiduciary appointments and administrative issues.
Is It Worth Contesting A Will?
Every case is unique. The decision depends on the strength of the evidence, the value of the estate, and family considerations. We evaluate the legal grounds, potential recovery, and costs before recommending a course of action.
Contact Bernard Law P.C. For A Free Consultation
If you believe a will does not reflect your loved one’s true intentions, we can evaluate your situation and explain your options under New York law. Bernard Law P.C. represents clients throughout Suffolk County in estate planning and estate litigation matters.
Contact the Hauppauge estate planning attorney at Bernard Law P.C. at (631) 378-2500 to schedule a free consultation. Our office is located in Hauppauge, New York, and we serve families across Suffolk County who need guidance with will contests and probate disputes.
