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With Proper Cause, Wills Can Be Contested. Work with Our Experienced Estate Litigation Attorneys for Your Lawful Solution.

Will Contest Lawyer in New York

Challenging a Will? Call Now for a Consultation - (631) 547-0300

A will can be contested on several grounds, each with its own set of complications. The increase in blended families and second families as a result of late in life marriages has fostered increasingly complex issues in the distribution of estates and spousal right of election. It is crucial to retain a highly experienced New York will contest lawyer to ensure that the intent of the decedent is properly defended.

Contesting a Will in New York

If you need to contest a will in New York, the burden of proof will be on you, the party challenging the validity of the will.

You will need to prove at least one of the following contest grounds:

  • Improper execution
  • Lack of Mental Capacity
  • Undue Influence
  • Discovered Second Will

Improper Execution

A will must be properly signed by the testator (the writer of the will) and properly witnessed by at least two people who must also sign the will at the end of the document. A will can be contested on the grounds that these signatures or the drafting of the will do not meet the legal requirements. A will can also be challenged if there are ambiguities in the document.

Lack of Mental Capacity

A will can be declared void if it can be proven that the testator was senile, delusional or of unsound mind at the time it was written and signed. In order for a will to be valid, the testator must be able to understand the extent and nature of their assets and be aware of the parties to whom the assets will be distributed.

Undue Influence, Duress, or Fraud

When a testator has been coerced or improperly compelled to execute a will, that will could be deemed invalid. A fraudulent will is one that is signed based on false statements made to the testator. Again, these allegations are difficult to prove and require expert knowledge of the laws governing will contests.

Discovery of a Second Will

If proven valid, a newer will replaces the older will. There are time limitations and constraints after which you may not be able to contest a will. The time frame in estate litigation differs from other areas of law that may carry statutes of limitations of years. Matters involving the validity of a will must be initiated immediately. Quick probate times are in effect to ensure that bills are paid and assets can be distributed in a timely manner. Once a will has been accepted for probate it becomes extremely difficult to initiate legal action to contest that will.

Reach out to Novick & Associates for Help with Challenging a Will

The team at Novick & Associates is highly experienced and has litigated matters in all Surrogate's courts in the New York Metropolitan area. Donald Novick and his team can handle any matter involving wills, trusts and estate litigation in an effective manner, zealously protecting the rights of heirs in all estate contests.

Contact a will contesting lawyer to discuss any legal issue involving a will, an inheritance or other matter involving an estate in New York.

Why Hire a NY Estate Litigation Attorney From Our Firm?

  1. Premier New York Estate Litigation Law Firm.
  2. Over 30 Years Experience with Contested Estate Matters.
  3. Strong Reputation in The Legal Community.
  4. Opportunities for Contingency Fee Arrangement.
  5. Experts in Our Field of Work, and One of The Leading Firms in This Area of Law.
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