As a person’s estate grows, the distribution of property becomes a source of conflict. A will disputes lawyer can help resolve these conflicts and ensure the testator’s true desires are carried out. Those who are interested in challenging a will can find out more about the process and potential outcomes by consulting with a New York estate litigation attorney.
Not everyone has the right to sue to contest a will during probate. Only “interested persons” may do so and only for valid legal reasons. Generally speaking, a spouse, children, siblings, parents, and relatives have the legal standing to challenge a will. However, other parties can be granted standing to challenge a will such as caregivers, friends, neighbors, charitable organizations, and even college or animal advocacy groups. In addition, a person who does not receive a gift from the will but believes they would have received more had another beneficiary been chosen could also seek to have a will challenged.
Often the grounds of a will dispute involve issues like undue influence, mental incapacity, or duress or coercion. If a party can prove any of these factors they can successfully challenge a will and receive a portion of the estate. A successful challenge can completely invalidate the will or, more commonly, cause it to be replaced with an earlier valid will.
In general, a will bypasses intestacy laws and distributes assets to beneficiaries named in the will. If a will is found to be invalid, the estate is distributed in accordance with New York’s intestacy statute. A will dispute can be very lengthy and expensive depending on the nature of the case.
If someone has legal standing to challenge a will and can meet the standard of proof set by the court, they must have a good reason to do so. Simply being dissatisfied with how the will was drafted is not sufficient grounds to challenge a will.
When someone challenges a will they must prove the person did not have the required testamentary capacity to create the will or specific provisions and amendments. This is a very difficult and high burden to meet. The will contester must have evidence that the testator lacked the ability to understand the implications of their actions and could not make informed decisions.
A will contest can be a lengthy and complex process, especially when there is emotion involved in the situation. For this reason, it is important to consult with an experienced estate litigation attorney as soon as possible. A lawyer can review a copy of the will and provide an opinion about whether it should be challenged. If it does need to be challenged, a will dispute lawyer can begin the process of filing objections with the Surrogate’s Court. These objections include requests for 1404 Examinations, which allow the objectant to request papers and testimony from the attesting witnesses as well as the testator’s lawyer. This can prevent costly discovery proceedings that could be necessary later on in the process.