Is a New York Will Contest tried before a jury?

Is a New York Will Contest tried before a jury?

A New York will contest can be tied before a jury, but only if it the objections survive a summary judgment motion. In order to survive a summary judgment motion, the objectant to the will must show that there is a reasonable chance that the objections can succeed, that there is a reasonable issue of fact for the jury.

See for example how summary judgment could work in an undue influence ground for a will challenge. If the proponents or beneficiaries of a will are not related to the decedent, I would think that the objections would survive a summary judgment motion and would go to the jury, as long as there are signs of a confidential relationship between the beneficiaries and the decedent, since there is an inference of undue influence. A Power of Attorney or healthcare proxy is an automatic ruling of confidential relationship.

If the beneficiaries are related to the decedent, then it would be harder for a will challenge to survive a summary judgment motion, since there is no inference of undue influence for relatives even if there is a confidential relationship.

Here is more information about winning a New York will contest.

Call the Law Offices of Albert Goodwin at (212) 233-1233, New York estate, guardianship, wills, trust, medicaid and probate lawyer, and make an appointment to discuss your will contest.

Attorney Albert Goodwin

Law Offices of
Albert Goodwin, PLLC
31 W 34 Str, Suite 7058
New York, NY 10001

Tel. 212-233-1233

[email protected]

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