Once a will has been filed with the probate court, it can be contested by any interested party. Whether you are trying to move an estate smoothly through probate, need to contest a will, or are trying to plan your estate to avoid this issue, speaking with a Forest Hills, NY probate attorney will give you peace of mind and the answers you need.
Can a Will Be Contested in Probate Court?
The short answer here is: yes, if you have grounds and are eligible.
Who Can Legally Challenge a Will in New York?
The law only allows those with “standing” to challenge a will, and you only have standing if you are “an interested party.” An interested party is anyone who would be affected financially by the will. Those with standing are anyone who would inherit from the deceased if there was no will, and all named beneficiaries, including any who were named in a previous will, even if they are excluded from the current one.
Those who would inherit if there were no will are normally a spouse and children but can also be parents, siblings, or nieces and nephews if no spouse or children survive the testator.
What Grounds Will the Court Accept for a Challenge?
The court will not even hear a challenge unless you can present specific grounds that it recognizes as valid. The first is lack of testamentary capacity, which is essentially arguing that the person who made the will was not competent to do so. A person who makes a will must understand that they are making a will, know what property they have and how much, recognize who would be their natural, expected inheritors (even if they intend to exclude them), and must understand what the will is saying.
Another challenge that the court will accept is undue influence. This challenge asserts that someone put pressure on the testator so that they did something they otherwise would not have. Usually when this challenge is brought, it’s because there was a person very close to the testator in the months or years leading up to their death who would not normally be expected to inherit but is now coming into a large disbursement. If it can be shown that this person used their position of trust or authority over the testator, this could render the will invalid. This can happen when a testator is dependent, vulnerable, or suffering from a lack of mental capacity.
Of course, a will can be fraudulent. If the signatures were forged, or if it can be shown that someone lied to the testator about what they were signing, then the will is not valid. And finally, the will must have been executed following all New York laws.
Talk to a Forest Hills, NY Probate Attorney
If you need help with probate or want to plan your estate to minimize probate issues, call us now at DeCandido & Azachi in Forest Hills, NY at 347-808-5746 for a free consultation. We also serve clients in Plano, TX.
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