How Do I Contest a Will in the State of New York?

Contesting a will can be a difficult process, emotionally and practically. As trusted will contest lawyers in Queens, NY we understand what’s involved and have many years of experience.

Who Can Contest a Will in Queens, NY?

There are strict legal protections in place, which means that only certain parties can contest a will. Those who are entitled to contest a will can be broadly split into two groups:

1. A person who would have inherited more if there was no will and intestacy laws were applied
2. A person who would have inherited more under the terms of a previous will

In New York, only individuals who have been adversely affected by the will are eligible to contest its validity. This means that if your inheritance has not been changed by the will, you do not have any legal grounds to contest it. Individuals who may fall into the above groups include family members, beneficiaries, heirs, and parties who have a direct financial interest in the will.

On What Grounds Can a Will Be Contested?

The law also specifies on what grounds a will can be contested. You can’t contest a will simply because you think it’s unfair. The main grounds that are permissible in New York are:

• Fraud
• Undue influence
• Lack of capacity
• Lack of due execution
• Revocation

Some of these grounds relate to the deceased, including their state of mind and whether they were excessively influenced, while other grounds are of a more technical nature. A lawyer who is experienced with will contests will be able to provide advice on whether there are sufficient grounds to proceed with a contest.

Gathering Evidence for a Contest

If you have established that you are eligible to contest the will, and you have grounds to do so, the next step is to gather evidence. New York legislation known as SCPA 1404 provides you with the right to examine the lawyer who drafted the will. Your rights also allow you to examine the witnesses. This can provide vital information about whether a contest is likely to succeed and to identify what information might be needed later in the legal process.Other information that can be obtained includes medical and financial records from three years prior to the will being made and up to two years after.

Filing a Petition

If the SCPA 1404 examinations indicate that there are grounds to proceed, a petition must be filed with the New York Surrogate’s Court. A notice of objection will then be served on all interested parties and the full discovery process initiated.

Get Advice From a Will Contest Lawyer

Every stage of a will contest can be complex, so it’s advisable to seek legal advice before you make any decisions. A lawyer can provide technical advice on every aspect which may be critical if you proceed to file a petition.Get in touch with our team here at Bardizbanian & Associates, P.C in Queens, NY if you’d like to discuss your circumstances with a skilled will lawyer.

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