When someone passes away, family members generally expect that his or her estate will be administered according to the terms outlined in the will. Unfortunately, this is not always the case. In many situations, disagreements arise among beneficiaries, heirs, and other interested parties, particularly when there are questions regarding whether a will truly reflects the wishes of the person who created it. If you are currently involved in the estate settlement process, you may be wondering whether a will can be contested and, if so, what that process looks like. Please continue reading and contact an experienced Buffalo estate lawyer from Raimondo & Sundquist LLP to learn more about will contests and how the estate settlement process works in New York State. Here are some of the questions you may have:
Can a Will Be Contested in New York?
In many cases, the answer is yes.
Generally speaking, a will may be contested during the probate process before the Surrogate’s Court officially determines that the document is valid. However, it is important to understand that simply being unhappy with the terms of a will is usually not enough to successfully challenge it. Instead, the individual contesting the will must typically have legal standing and a valid reason for doing so. Some of the people who may have standing to contest a will include:
- A surviving spouse
- Children of the deceased
- Certain grandchildren
- Beneficiaries named in a prior will
- Other heirs who may inherit if the will is deemed invalid
Common Grounds for Contesting a Will
There are several reasons why a will may be challenged. Some of the most common include:
- Lack of testamentary capacity: The individual creating the will allegedly did not fully understand the nature of his or her assets, family relationships, or the legal consequences of signing the document.
- Undue influence: Another person may have exerted pressure or influence over the testator to such an extent that the will no longer reflected the testator’s independent wishes.
- Fraud: The testator was allegedly deceived or misled when signing the document.
- Improper execution: The will may not have been signed or witnessed according to New York law.
- Forgery: Questions may arise regarding whether the signature or the document itself is authentic.
What Happens When a Will Contest Is Filed?
Once objections are filed, what may have initially appeared to be a straightforward probate matter can quickly become much more complicated. In many cases, the parties will enter a discovery phase, wherein information and documentation are exchanged so that all relevant facts can be reviewed. This process may involve the following:
- Reviewing medical records
- Examining financial documents
- Interviewing witnesses
- Conducting depositions
- Filing motions with the court
- Participating in settlement negotiations
- Proceeding to a trial if necessary
Discovery is often one of the longest parts of a contested estate matter. During this time, the court and the parties involved may review substantial amounts of evidence to determine whether the objections have merit.
Fortunately, not every will contest ultimately results in a trial. In many cases, family members are able to resolve their disputes through negotiation and settlement before a judge is required to issue a final ruling.
How Can Families Reduce the Risk of a Will Contest?
Though no estate plan is completely immune from legal challenges, there are certain steps that may reduce the likelihood of a dispute arising after a person’s death. Some of the most important steps include:
- Working with an experienced estate planning attorney
- Updating estate planning documents regularly
- Clearly documenting intentions
- Following all legal execution requirements
- Maintaining records demonstrating mental capacity
- Addressing family disputes before they escalate
If you have additional questions about will contests, or you would like to create an ironclad estate plan to prevent estate disputes later on, please don’t hesitate to contact Raimondo & Sundquist LLP for an initial consultation today so we can discuss your case.
