Dan Antonelli, an experienced estate attorney in New York City, explains the complex process of will contests. Simply put, a will contest occurs when one person tries to probate a will (asking the court to declare it the valid last will and testament of a decedent) while another person objects, claiming it is not the valid last will and testament.
Five Legal Grounds for Contesting a Will
There are five specific legal bases for objecting to a will's validity:
Lack of Testamentary Capacity: This occurs when the testator does not possess the mental capacity required to sign a will. For example, the testator may not understand what their assets consist of or who their family members are. The person must understand the nature of making a will, the extent of their property, and their natural beneficiaries.
Undue Influence: This involves someone essentially twisting the testator's arm to make a will. It occurs when the testator is not making decisions they would normally make without that person's influence. A will that results from undue influence reflects the third party's wishes rather than the testator's true intentions.
Forgery: This straightforward ground involves someone else signing the testator's name without permission.
Fraud: This occurs when someone tricks the testator into signing a document. For example, the testator might believe they're signing a deed, contract, or other document, but what's actually placed in front of them is a will, and they're unaware of what they're truly signing.
Revocation: This happens when the testator essentially revokes their will. One common method is physically destroying the will – if you rip a will in half, it's considered revoked.
Legal Standing Requirements
To contest a will, you must have legal standing, meaning you must be "adversely affected" by the will. For example, consider two children of a decedent with no surviving spouse. If there was no will, both children would inherit equally under intestacy laws. However, if there's a will giving everything to just one child, the other child would be adversely affected because they would receive nothing under the will but would receive half if there was no will.
The Will Contest Process
Contesting a will is a complex process that begins with an opportunity to investigate. You can ask questions, collect documents, and depose individuals to determine whether there are valid grounds to object to the will. This discovery process is crucial for building a strong case.
If you decide there are good reasons to object after your investigation, you file what are known as objections with the Surrogate's Court. This filing marks the beginning of estate litigation, specifically known as a will contest.
Will contests can be emotionally challenging and legally complex. They often involve family disputes and require careful examination of evidence regarding the decedent's mental state, the circumstances surrounding the will's creation, and the relationships between family members.
If you believe you have grounds to contest a will or need guidance on probate matters, contact Antonelli & Antonelli for experienced legal representation in estate litigation cases.
