What Are the Legal Grounds to Challenge a Will in New York?

In Queens, NY, it is possible to contest a will if you have reason to believe that it is not valid. This is a particularly contentious area of law, so it’s essential to hire an experienced Queens estate lawyer. They can provide advice on whether you have legal grounds to challenge the will and, if so, what happens next.

What Are the Legal Grounds to Challenge a Will in Queens, NY?

You can’t challenge a will simply because you don’t like the content. New York law allows a will to be contested in the Surrogate’s Court, but only if you have legal grounds to do so. There are only certain specific grounds which allow a contest to be considered, namely:

Lack of Capacity

A testator (the person making the will) must have mental capacity at the time they make their will. This means that they must be at least 18 years old and be of sound mind and memory. This must include understanding the nature and consequences of making a will, recognizing the intended beneficiaries, and comprehending the implications of any decisions they make. 

 

Undue Influence

A will can be contested for undue influence if the testator was put under pressure or coerced to make changes that they would not otherwise have done. The court will look for opportunity and motivation, together with the final outcome. In other words, to contest a will on this basis, you will need to show how someone was able to exert pressure and why they would choose to do so. 

 

Lack of Due Execution

For a will to be valid under New York law, strict conditions must be met. The will must:

• Be in writing
• Be signed by the testator
• Witnessed by two people aged 18 years or over

If any of these conditions have not been met, the will can be contested. 

 

Forgery

If you believe the will has been changed or the signature is not that of the testator, the will can be contested as a forgery. Experts in handwriting are often required to prove this type of allegation. 

 

Fraud

Fraud is a particularly difficult claim to prove. You must show that the testator was given false information and, as a direct result, changed their will to the detriment of other beneficiaries. Concealing information from the testator leading to the same outcome can also be considered as fraudulent.

 

Revocation

If the testator created a new will or had clear intentions to revoke this will, the court may agree to set it aside. 

 

Errors or Ambiguity

If there was a substantial mistake that affected the testator’s intentions or there is clear ambiguity, the will may be contested. Minor errors that do not affect the outcome will not usually be sufficient.

Seek Advice From a Will Contest Lawyer in Queens

Contesting a will is a complex area of law that requires robust evidence. If you believe that a will may be invalid, it’s advisable to seek legal advice as soon as possible. This will allow a contest to be lodged before the estate is distributed, and enable your lawyer to gather the required proof.  

Our extensive experience with wills, trusts, and estates means that we can help with even complex circumstances. To discuss the legal grounds for your case, contact us today at Bardizbanian and Associates, P.C. in Queens, NY.  We are proud to serve Brooklyn, Queens, Manhattan, The Bronx, and Long Island.

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