The passing of a family member or close friend can be an emotional experience, but it also triggers legal responsibilities that must be addressed. If the decedent left a Last Will and Testament, that document must be submitted to the Surrogate’s Court in the county where the individual lived and then must be authenticated by the court. When doubts arise about the authenticity of a Will, certain parties may have the right to challenge the Will, a complicated and often contentious legal process. To provide clarity for anyone involved in a Will contest, the Eghrari Wealth Training Firm explains what is typically involved when contesting a Will in New York.
Establishing Standing to Challenge the Will
Before initiating a Will contest in New York, you must show that you have “standing,” which refers to the legal right to pursue the claim. In New York, standing exists if you are directly impacted by the outcome of the probate proceeding, usually referring to beneficiaries under the Will submitted to the court, beneficiaries under a prior Will, heirs who would inherit under state intestacy laws, or creditors with valid claims against the estate. Without standing, the court will dismiss a challenge to the Will if it is filed.
Initiating a Will Contest in New York
Once you have established that you have standing to pursue a Will challenge, the next step is filing a formal Will contest with the appropriate Surrogate’s Court. Timing is extremely important because New York imposes strict deadlines that can be anywhere from three months to two years, depending on several factors. The process generally begins when the nominated Executor seeks “probate” of the Will and notice is sent to interested parties. At that point, you have a limited window of time to file a Will “caveat” (the term used to refer to a Will contest in New York) before the court proceeds. If you fail to respond in time, you may lose the ability to challenge the authenticity of the Will altogether.
Legal Grounds for Contesting a Will in New York
If you plan to challenge a will in New York you must have valid legal grounds on which to bring that challenge because courts will not invalidate a Will simply because you feel that the distribution is unfair. Common legal grounds on which a Will can be challenged in New York include:
- Lack of Testamentary Capacity: This argument alleges that the decedent did not understand the nature of their property, the individuals who would naturally inherit, or the effect of signing the Will at the time it was executed.
- Undue Influence: A claim that another individual exerted excessive control over the decedent, effectively overriding their free will and causing the terms of the Will to reflect someone else’s wishes.
- Fraud: This occurs when the Testator was misled by false statements or tricked into signing or altering the document.
- Improper Execution: New York law sets forth strict requirements for a Will to be valid. It must be in writing, signed by the Testator, and witnessed by at least two individuals in the Testator’s presence. If these formalities were not followed, the Will may be declared invalid.
- Revocation: If a newer Will exists, the later document may revoke the earlier version offered for probate.
What Happens During the Litigation Process?
After a Will contest is filed, the case moves into “discovery” which involves exchanging documents, taking depositions, and gathering evidence. The nominated Executor, who is defending the Will, must provide information about the drafting and execution of the document. Both sides may rely on testimony from witnesses, medical professionals, or handwriting experts, depending on the grounds for the contest. If the dispute cannot be resolved through negotiation or settlement, the court will hold a trial. At trial, the judge hears evidence and determines whether the Will should be admitted to probate. Both sides have the opportunity to present witnesses and challenge the other party’s claims.
Potential Outcomes of a Will Contest in New York
If the court rules that the Will is invalid, the consequences depend on whether another valid Will exists. If there is a prior Will that can be authenticated, the estate will be distributed using the terms found in that Will. If no valid Will is available, the estate is distributed according to New York’s intestate succession laws, which prioritize spouses, children, and other close relatives. If the court determines that the Will being challenged is valid, probate proceeds as originally planned, and the assets are distributed according to its terms.
Do You Have Specific Questions about Contesting a Will in New York?
For more information, please join us for an upcoming FREE seminar. If you have specific questions or concerns about contesting a Will in New York, contact the Long Island estate planning attorneys at Eghrari Wealth Training Firm by calling us at 631-265-0599 to schedule your appointment.
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