Gabor & Marotta LLC
  • Home
  • Attorneys
    • Richard M.Gabor
    • Daniel C. Marotta
    • Ilyssa Gabor
    • Matthew Medaglia
  • Practice Areas
    • Probate And Estate Administration
    • Real Estate Purchases And Sales
    • Tax Law
    • Business Law
    • Trademark Law
  • Articles
  • Blog
  • Contact

 718-390-0555

Gabor & Marotta LLC

New York: 212-349-1200 | Staten Island: 718-390-0555

  • Home
  • Attorneys
    • Richard M.Gabor
    • Daniel C. Marotta
    • Ilyssa Gabor
    • Matthew Medaglia
  • Practice Areas
    • Probate And Estate Administration
    • Real Estate Purchases And Sales
    • Tax Law
    • Business Law
    • Trademark Law
  • Articles
  • Blog
  • Contact

Trusted Attorneys For Estate Planning And Administration, Real Estate, Tax Matters And More

  1. Home
  2.  → 
  3. Wills
  4.  → 
  5. What are the legal requirements for contesting a will?

What are the legal requirements for contesting a will?

On Behalf of Gabor & Marotta LLC | Feb 2, 2026 | Wills |

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.

Recent Posts

  • Your life insurance likely supersedes your estate plan
  • Contesting a will is possible in limited circumstances
  • Power of attorney: What duties can you give your agent?
  • What are the legal requirements for contesting a will?
  • When a testator can’t understand the will they’re signing

Archives

Categories

  • Estate Administration & Probate
  • Estate Planning
  • Firm News
  • Probate Litigation
  • Real Estate Purchases And Sales
  • Tax Law
  • Trusts
  • Wills

RSS Feed

Subscribe To This Blog’s Feed

Contact Us Now

New York: 212-349-1200

Staten Island: 718-390-0555

New York Address

79 Madison Avenue
7th Floor
New York, NY 10016
New york Law Office Map

Staten Island Address

1878 Victory Boulevard
Staten Island, NY 10314
Staten Island Law Office Map

Attorney advertising

  • Follow
  • Follow
Review Us

© 2026 Gabor & Marotta LLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw