When a loved one passes away, the reading of their will can bring unwanted surprises. For example, the terms of that document might not reflect what you believe your loved one wanted. If you wish to challenge its contents in court, you will need to meet a few requirements outlined in this blog.
Who has the right to contest a will?
Not everyone can contest a will in New York. Per state law, you must have something called “standing.” This refers to your financial interest which could be negatively affected if the court admits the will to probate. Standing usually applies to distributees, individuals who would inherit under the state’s intestacy laws if there were no will, when the will provides them with less than their intestate share.
What are the grounds for doing so?
Aside from standing, you need valid legal grounds to contest. Courts recognize the following:
- Improper execution: The will was not signed or witnessed according to the formal requirements of New York law.
- Lack of testamentary capacity: The person who created the will did not understand the nature of their property, who their family members were or the consequences of the document they were signing.
- Undue influence: Someone pressured or manipulated the testator into creating or changing the will against their true wishes.
- Fraud or forgery: The document contains forged signatures or someone created it through deception.
It is important to know that you do not necessarily need smoking gun evidence just to begin. The law gives you the right to depose the witnesses and the attorney who drafted the will to gather the facts before you decide to file formal objections.
How much time do you have to file?
Unlike many other legal matters that have years-long statutes of limitations, will contests operate on much tighter deadlines. The probate process moves quickly to ensure that bills get paid and assets can be distributed in a timely manner.
When an executor files a will for probate in Surrogate’s Court, all interested parties receive formal notice through a citation. The return date is the deadline to appear and state your intent to object or conduct discovery; the formal written objections are typically due later.
If you do not appear at the citation return date (or have an attorney appear on your behalf), you lose your right to contest the will. The court will proceed with probate unopposed. This makes that first court date the most important moment in any potential contest.