Lawyers for Defending a Will Contest in New York City

We are lawyers who represent people in defending a will contest in New York City.  It is important that your will contest lawyer is experienced in order to know which points to watch out for in the deposition during SCPA § 1404 examinations, how to respond to discovery, and what strategy to use in order to be successful in defending a will contest.

Presumption of Validity of the Will

When the execution of the will has been supervised by an attorney, there is a presumption that the will is valid under New York law. This presumption makes it easier to defend a will. However, there have still been instances where attorney-supervised wills have been set aside. For this reason, having an experienced will contest lawyer beside you to defend your will is important to ensure that you preserve that presumption of validity, especially during SCPA  § 1404 examinations, where unwanted and unfavorable information might arise.

Defending a Will

To defend a will in New York, you must first know the challenges and objections that the objectant is raising. In New York, the potential objectant will raise all the challenges that it can think of: improper execution, undue influence, fraud, forgery, lack of testamentary capacity, and revocation, to name a few. However, after SCPA § 1404 examinations, the potential objectant’s will contest lawyer will know which grounds to pursue based on the evidence gathered.

The SCPA § 1404 Examinations

SCPA § 1404 allows a potential objectant to depose the will’s proponent (who is usually the executor), the witnesses, and the notary at the expense of the estate. During this period, discovery procedures are also allowed to gather information and important documents related to the grounds for objection, such as interrogatories and medical records.

The will contest lawyer handling this examination must be experienced enough to know what to advise his clients on the points to look out for in deposition. This should ensure that grounds such as improper execution, which are mostly proven by witness testimony, are not strengthened during witness examination.

The will contest lawyer must also know when to object when documents being requested are beyond the scope of the examination and should be denied. For example, documents beyond the 3/2 period should be immediately denied. The 3/2 period refers to three years before the execution of the will and 2 years after the will’s execution or the testator’s death, whichever is earlier.

The executor must have a will contest lawyer who has considerable experience in defending a will. This ensures the success of having the will admitted to probate and not settling with the objectant. Should you need legal representation, we, at the Law Offices of Albert Goodwin, are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].