How Can You Contest a Will? Common Grounds for Estate Litigation

Contesting a will is one of the most challenging aspects of estate law, especially when the stakes are high, and emotions run deep.

At Rutkin & Wolf, PLLC in White Plains, New York, we’ve seen firsthand how disputes over a loved one’s final wishes can create lasting rifts in families.

Understanding the legal process for contesting a will in New York is essential for anyone considering this path.

Read on to learn more about your legal rights with contesting a will and how our experienced estate law attorneys at Rutkin & Wolf, PLLC can help with your situation.

The Validity of a Will in New York

For a will to be considered valid under New York law, it must meet specific statutory requirements. These include:

• The testator must be at least 18 years old.

• The testator must be of sound mind.

• The will must be in writing.

• The will must be signed by the testator or by someone at their direction, in their presence.

• The will must be witnessed by at least two individuals, who also sign in the testator’s presence.

When any of these requirements aren’t met, the will’s validity can be questioned, opening the door for potential litigation.

Common Grounds for Contesting a Will

There are several legal grounds under New York estate law for challenging a will. Below, we outline the most frequently cited reasons.

Lack of Testamentary Capacity

A common reason for contesting a will is the claim that the testator lacked the mental capacity to create or modify their will. In New York, testamentary capacity means that the testator understood the nature and extent of their assets, the natural objects of their bounty (such as family members), and the consequences of their decisions. 

Evidence such as medical records, witness testimony, and the timeline of the will’s execution can play a pivotal role in proving or disproving capacity.

Undue Influence

Another frequent basis for challenging a will is undue influence. This occurs when someone exerts excessive pressure on the testator, causing them to act against their free will. Undue influence often arises in situations where a caregiver, family member, or close associate manipulates the testator to favor them disproportionately in the will. 

Proving undue influence involves demonstrating a relationship of trust and evidence of coercion or manipulation through estate law.

Fraud

Fraud can invalidate a will if it can be shown that the testator was deceived into signing the document. This might involve tricking the testator into believing the will was something else entirely or misrepresenting its contents. Fraud is challenging to prove and often requires clear and convincing evidence.

Improper Execution

As mentioned earlier, New York law has strict requirements for the proper execution of a will. If the will wasn’t signed or witnessed according to these legal standards, it might be declared invalid. For instance, if witnesses weren’t present at the time of signing or failed to add their signatures in the testator’s presence, the will could be contested.

Revocation

A will may also be contested if there’s evidence that it was revoked before the testator’s death. Revocation can occur through physical acts, such as destroying the document, or by executing a new will that explicitly or implicitly supersedes the previous one. If the contested will conflicts with a more recent document, the newer one typically prevails.

Standing in Will Contests

In New York, not just anyone can contest a will. Only individuals with “standing”—meaning a financial interest in the estate—can bring a challenge. 

This usually includes beneficiaries named in the will, beneficiaries under a prior will, or individuals who would inherit under New York’s intestacy laws if no valid will existed. Establishing standing is a critical first step in any estate law dispute.

Evidence in Will Contests

Successful will contests often hinge on the quality and quantity of evidence presented. Key forms of evidence include:

• Medical records: These can provide knowledge of the testator’s mental and physical condition at the time the will was executed.

• Witness testimony: Statements from those present during the signing of the will can clarify whether it was executed properly and without undue influence.

• Expert opinions: While we avoid overusing experts, medical and handwriting analysis can occasionally help establish capacity, authenticity, or fraud.

Probate Court

In New York, will contests are adjudicated in the Surrogate’s Court, which oversees the probate process. When a will is submitted for probate, interested parties have the opportunity to file objections. The court will then evaluate the evidence and determine whether the will is valid. This process can take time and requires adherence to strict procedural rules.

Settlements in Estate Law Disputes

Not all will contests end in court battles. In fact, many disputes are resolved through negotiated settlements. Mediation can be a productive way to address concerns while preserving family relationships. 

By reaching an agreement outside of court and estate law, parties can save time, money, and emotional energy. However, it’s essential to approach mediation with a clear understanding of your legal rights and priorities.

How Long Do You Have to Contest a Will in New York?

Timing is critical in estate law. In New York, objections to a will must typically be filed before the will is admitted to probate. Once probate is granted, contesting the will becomes significantly more challenging. This underscores the importance of acting promptly if you suspect grounds for a challenge.

The Emotional Impact of Contesting a Will

Will contests often involve more than legal arguments; they touch on deeply personal and emotional issues. Disputes over inheritance can bring unresolved family tensions to the surface, complicating the process. At Rutkin & Wolf, PLLC, we recognize how emotionally charged these cases can be, and we strive to handle them with sensitivity and professionalism.

Protecting Your Rights as a Beneficiary

If you’re a beneficiary named in a will, it’s essential to protect your rights during the probate process. This includes verifying that the will submitted to probate is the most recent and valid version. If you suspect foul play, such as the concealment of a newer will or manipulation of the testator, legal action may be necessary to safeguard your inheritance.

Preventing Future Will Contests

While our focus here is on contesting a will, it’s worth noting that careful estate law planning can reduce the likelihood of disputes. 

Measures such as regularly updating your will, discussing your wishes with loved ones, and including clear explanations for your decisions can help prevent future litigation. For clients who have experienced disputes firsthand, these precautions can provide peace of mind.

Addressing Disputes Among Co-Beneficiaries

In some cases, will contests arise not from a dispute over the will itself but from disagreements among co-beneficiaries. For example, siblings may disagree over the division of assets or the administration of the estate. These disputes can often be resolved through open communication and mediation, but legal intervention may be required in more contentious cases.

When Multiple Wills Exist

Confusion often arises when there are multiple wills, especially if they contain conflicting instructions. In New York, the most recent will generally takes precedence, provided it was validly executed and not revoked. 

However, disputes can arise if beneficiaries believe the latest will was created under duress or undue influence. Resolving these conflicts involves closely examining the circumstances surrounding each document’s execution and determining which reflects the testator’s true intentions.

Facing a Trustee or Executor’s Actions

Sometimes, disputes focus not on the will itself but on how the executor or trustee administers the estate. If you believe the executor is mishandling assets, breaching fiduciary duties, or acting in bad faith, you can petition the court to remove them or demand an accounting.

New York estate law provides safeguards to hold fiduciaries accountable, making sure that the estate is managed properly and in line with the testator’s wishes.

The Next Steps

At Rutkin & Wolf, PLLC, we’re committed to guiding you through every step of the process. We’re proud to serve White Plains, New York, and the surrounding areas including the Bronx, New Rochelle, and Lower Westchester County. Call today.