What are the Chances of Contesting a Will and Winning in New York City

If you’re thinking about contesting a will, know that it’s an uphill battle. While sometimes successful, will contests are challenging, and you need strong grounds to contest. You will also need an experienced will contest attorney.

Challenges in Contesting a Will

Contesting a will is an uphill battle for several reasons:

• Presumption of validity

  The law presumes that a will is valid. As the contestant, you must show strong evidence to overcome this presumption.

• The burden of proof falls on the contestant

  You bear the burden of showing the will is invalid. Grounds for invalidating a will are improper execution, forgery, fraud, and undue influence. Compelling evidence must be presented to support the ground.

• Expensive litigation with no guarantee

  Will contests often drag on, costing more in legal fees. There’s no guarantee you will win and recoup the costs.

• Damages relationships

  Contesting a will almost always causes permanent damage to family relationships. Even if you win, the feud can have emotional costs.

• New York laws favor the testator’s wishes

  New York law generally favors honoring the testator’s wishes. Only with compelling evidence of incapacity, undue influence or other grounds will a court overturn a will.

With so many hurdles, most will contests fail. However, with some pro tips and strategies, your chances of winning can increase.

Strategies for Improved Chance of Success

If you decide to contest a will, here are some tips that may help strengthen your case:

• Act Quickly

  Contest quickly before you miss the deadline.

• Hire an experienced attorney

  A will contest attorney can assess if you have valid grounds and navigate the complex laws.

• Plead all possible grounds in the objections

  Plead every possible ground for a will contest. After discovery and more evidence is gathered, we can then proceed with a laser-sharp focus on one or two issues.

• Depose the personal representative and witnesses

  Questioning the personal representative and witnesses may reveal lies, inconsistences, or improper execution of the will.

• Collect medical records

  Records confirming mental state or other impairments or records showing the taking of mind-altering medication could provide strong proof of incapacity.

• Weigh the cost and benefits

  It may help to weigh the following factors: How strong and convincing is your evidence? What’s the estimated worth of the estate? How much time will you spend? What are the legal fees?

• Settle the case if possible

  We try to settle will contests before trial. If a settlement is not possible, we exchange more documents and information and ultimately progress to trial. The judge or the jury will decide whether the will is valid. In our experience, most cases settle when the will’s execution is not supervised by the attorney or there is strong evidence to show improper execution or incapacity.

• Argue your case effectively

  If the case proceeds to trial, arguments must be clear and persuasive and grounded in facts and evidence.

In most instances, accepting the will is less costly emotionally and financially than challenging it. But if unfair circumstances prevented the deceased from writing their true last wishes, then contesting may be justified. Understand the risks and talk to a legal professional before waging a war over a will. Should you need legal representation, we at the Law Offices of Albert Goodwin are here for you. We are located in Midtown Manhattan in New York City. You can call us at 212-233-1233 or send us an email at [email protected].