Grounds for Contesting a Will in New York

A will contest is a legal challenge to a will's validity. This challenge takes place in New York's Surrogate's Court. Someone might believe a will doesn't reflect the true wishes of the person who died. They might think the will wasn't made correctly under the law. In these cases, they can bring their challenge to court.

There are several distinct grounds for contesting a will in New York. They are: lack of mental capacity, undue influence, improper signing procedure, fraud, duress and forgery. Each ground requires different types of proof. A combination of grounds is usually expected.

Lack of Mental Capacity

Mental capacity refers to someone's ability to understand a will. Legal documents call this "testamentary capacity."

Perfect mental health isn't required. Perfect memory isn't required either.

The person making a will must understand three basic things. First, they must know they're creating a will to give away property after death. Second, they must generally know what property they own. And third, they must remember and recognize their family members and friends.

The defender of the will must prove capacity first. And it's then up to the challenger to prove otherwise.

The defender presents the testimony of witnesses who saw the will signing. These witnesses describe the person's behavior at the signing. They tell the court about the person's mental state. The defender also presents testimony of the will's attorney, if available.

The challenger presents their evidence after this initial proof. Medical records might show memory problems. Records could reveal confusion. Family members and friends might have seen mental decline and confused behavior. People could have witnessed concerning actions.

Memory problems alone don't automatically void a will. Confusion at times doesn't void a will. The person's understanding at the signing matters most.

Undue Influence

Undue influence means someone pressured the will-maker too much. This pressure controlled their decisions about the will. The will reflects the influencer's wishes. It doesn't reflect the will-maker's true wishes.

Caregivers sometimes exercise undue influence. Family members might do it too. They might isolate the will-maker from others. They might control the will-maker's visitors. They might take over medical decisions. They might handle all financial matters.

Several patterns can suggest undue influence. Changes to old estate plans can suggest undue influence. Moving away from equal family distribution can suggest undue influence. Giving everything to one person can suggest undue influence. Cutting out family members can suggest undue influence.

Courts look for specific patterns. Someone might have power over the will-maker. This person had chances to use their power. The will benefits them significantly. The provisions seem out of character for the will-maker.

A will can be valid despite claims of undue influence. The will-maker might have had independent legal advice. They might have maintained a lot of control over their life.

Defenders can show legitimate reasons for the terms of the will. The will-maker might have helped one person more than others. Some people might have stayed in closer contact. The will-maker might have valid reasons to treat people differently. The reasons for the will's provisions might be clearly documented. The reasons for the will's provisions might be known to the people involved.

Improper Signing Procedure

New York has strict rules for signing wills: Two witnesses must watch the signing. The will-maker must sign at the document's end. The will-maker must let the witnesses know it's his or her will. Both witnesses must sign within thirty days. Everyone must be present together.

Attorneys usually supervise will signings. Courts usually trust attorney-supervised signings.

The witnesses will testify what happened that day. The attorney who drafted the will testifies too, if there was an attorney involved in making the will.

Problems with signing can void a will. Witnesses might have signed at different times. The will-maker might not have declared it was their will. The ceremony might have had interruptions. Any mistake can matter.

Forgery, Fraud and Duress

Forgery means creating false documents. Someone might fake the will-maker's signature. They might change parts of an existing will. They might create an entirely new false will.

Fraud means using deception to change a will. Someone might lie about family members. These lies might cause disinheritance. Someone might trick the will-maker into signing something they do not really want to sign.

Evidence of fraud takes many forms. Handwriting experts can spot fake signatures. Witnesses might know about lies. Documents can prove false statements. Physical evidence might show document tampering.

Duress means forcing someone to make a will. This force can be physical threats. It can be threats of harm to loved ones. It can be threats of destroying property.

Will contests need experienced legal help. We at the Law Offices of Albert Goodwin know will contests. We handle cases throughout New York. We can review your situation. We can explain your options. You call us at 212-233-1233 and speak to an attorney today.