Will Contest Results

If you are looking for a law firm to handle your will contest, look no further than the Law Offices of Albert Goodwin. We have a record of success in both contesting and defending wills. You can send us an email at [email protected] or give us a call at 212-233-1233 to find out more about how we at Goodwin can make our record of winning work for you.

Contesting a Will

In will contests, our results speak for themselves:

$1 Million Settlement. Successfully obtained a $1 million settlement for our client by attacking on two fronts, in a will contest and a challenge to a bank account name change. The client’s brother died leaving his entire estate to his neighbor. The will was not easy to contest at first, as there was a prior guardianship proceeding over the brother where a court evaluator deemed the brother mentally fit and was of the opinion that the brother was upset with the client. Things got better when the attorney who drafted the will admitted in a deposition that the neighbor was an acquaintance of the attorney’s husband’s and the neighbor arranged the appointment and drove the brother to the attorney, whose office was in a different borough than where the brother resided. It also became apparent that the neighbor was exerting a tremendous amount of influence over the brother and was essentially in charge of his finances. We then found a large bank account had our client’s name but her name was later removed with only the brother’s name remaining. We brought a lawsuit to challenge the removal of her name, claiming the name removal was fraudulent. With the combination of the will contrest and the bank account name change challenge, we were able to secure a $1 million settlement for our client.

$2 Million Settlement. We used an elective share to circumvent a will. The executor who is the son of the deceased from the first marriage claimed that any money he received from his father is not a part of the estate and that the father’s widow is not entitled to the funds. We utilized the law that any money transferred within a year before death is a part of the augmented estate for the purposes of calculating the elective share, and agreed on a $2 Million settlement for the widow.

$840,000 Settlement. The decedent’s daughter was left 12.5% of a $3.5 Million estate by her father’s will. Our firm pointed out irregularities in the will and possible issues in the decedent’s capacity to make a will, and negotiated an increase of her share to 37%.

Numerous other settlements with substantial dollar amounts. We have also won numerous other will contest settlements with substantial dollar amounts.

Defend Against a Will Contest

In will contest defense, our results speak for themselves as well.

$500,000 Defense. The client’s husband died while overseas. The client and her husband lived in different states for some time. The deceased husband’s sister challenged the client, saying that she and the husband were estranged and their marriage was no longer valid. After our persuasive advocacy, the sister relented and gave up her challenge, with our client not paying a penny in a settlement.

$700,000 Defense. The client’s brother was left out of the will, brought a will contest. In one of the emails from our client, we noticed something was different in the way she was referring to her brother. We asked more questions, and it turned out that both of them were adopted. Upon further investigation, it turned out that the brother was never formally adopted, and as such, had no standing to contest the will.

Numerous defenses of estates of substantial sizes. We have won numerous will contest defenses in estates of substantial sizes.

Whether you need to contest or defend a will, we at the Law Offices of Albert Goodwin are here for you. You can send us an email at [email protected] or give us a call at 212-233-1233.

Patterns in Successful Will Contests

Reviewing successful contests reveals patterns that often support contest claims:

• Last-minute will changes. Wills executed close to death, especially when the testator was seriously ill or under significant medical care.
• Dramatic departures from prior estate plans. Long-established estate plans suddenly changed to favor newcomers or to disinherit longstanding beneficiaries.
• Beneficiary involvement in execution. When the beneficiary of the new disposition was involved in arranging the will execution.
• Isolation of the testator. Beneficiaries who isolated the testator from family or other advisors.
• Caregiver beneficiaries. When caregivers benefit significantly and the case has elements of dependency.
• Capacity concerns. Medical records showing cognitive issues at or near the time of execution.
• Procedural irregularities. Execution that doesn't follow the standard formalities or that lacks the customary attorney supervision.

Patterns in Successful Defenses

Defending wills successfully also follows patterns:

• Strong execution documentation. Will executions supervised by experienced attorneys with thorough documentation typically withstand challenges.
• Consistent dispositive plan. Wills that fit a pattern of the testator's expressed wishes over time.
• Independent legal advice. The testator was represented by their own counsel, separate from the beneficiary's interests.
• Medical evidence of capacity. Contemporaneous evidence (medical records, physician evaluations) showing the testator had capacity.
• No standing for contestant. The contestant lacks legal standing to challenge the will.
• Time-barred claims. Statute of limitations or laches issues that bar the claim.
• Weak undue influence case. Evidence that the will reflects the testator's own wishes rather than someone else's manipulation.

The Settlement Reality

Most will contests settle rather than reach final trial decisions. Settlement is driven by several factors:

• Cost of continued litigation. Contest litigation is expensive on both sides.
• Risk to both parties. Trial outcomes are uncertain and both sides could lose.
• Time required. Trial may be years away while settlement resolves matters now.
• Family relationships. Continued litigation poisons family relationships further.
• Strength of the case. As discovery proceeds, the strengths and weaknesses become clearer, prompting reasonable settlement positions.
• The mediation process. Court-ordered or voluntary mediation often produces settlements.

The Cost-Recovery Math

Whether to pursue a contest involves cost-recovery analysis:

• What is the estate worth?
• What share does the contestant currently receive (intestacy, prior will, current will)?
• What additional share might the contest produce?
• What is the cost of pursuing the contest?
• What is the likelihood of success?

The math shows whether the contest makes economic sense.

SCPA 1404 Examinations

Before formal objections are filed, potential contestants have the right to conduct SCPA § 1404 examinations of the attorney who drafted the will and the attesting witnesses. These examinations:

• Can occur before objections are filed, without committing the contestant to litigation.
• Allow exploration of the circumstances of the will execution.
• Help assess whether grounds for objection exist.
• Are protected from no-contest clause penalties.
• Typically involve depositions of the drafting attorney and witnesses.

The Role of Expert Witnesses

Expert witnesses play important roles in many will contests:

• Forensic psychiatrists or psychologists. Evaluate the testator's capacity based on medical records and other evidence.
• Geriatricians. Specialists in elderly care who can assess capacity in age-related decline.
• Document examiners. Evaluate signature authenticity in cases questioning whether the testator actually signed.
• Handwriting analysts. Identify whose handwriting appears on questioned documents.
• Pharmacologists. Assess the effects of medications on capacity.
• Financial experts. Document patterns of asset movement that suggest influence.

Standing to Contest

Not everyone can contest a will. Standing requires:

• Being a distributee (would inherit by intestacy if no will).
• Being a beneficiary under a prior will.
• Being a creditor with a valid claim.
• Having other recognized legal interest.

Often, the question of standing is the first issue addressed. A potential contestant who lacks standing cannot proceed regardless of the merits of their substantive arguments.