Will Contest Attorney
A New York City Will Contest attorney can help you contest a Last Will and Testament. in Surrogate’s Court. To contest a Will means to question the validity of the Will on one or more grounds.
When to Contest a Will Transcript
When to contest a will, we’ve all been there. Your parent, sibling, uncle, or aunt dies, and suddenly you find yourself nowhere in the will. There are many reasons to contest a will. Here are some examples: one, the will was executed a few days, weeks, or even just a few months before the decedent died, and you know that the decedent may have had dementia or other cognitive deficits such that writing a will was nearly impossible. Two, one particular person may have contacted the attorney, given the attorney all the info, and would not leave the decedent’s side during the entire time the will was being prepared and signed. Three, the will leaves everything to the decedent’s accountant, financial advisor, or maybe even his girlfriend. Four, the will was forged. Five, you believe somebody may have forced the decedent to sign the will. If any of these circumstances apply to you, we may be able to help you contest the will. Contact us today for more information.
When to Contest a Will in New York City
Typically, a person will contest a will because:
- The Will was not properly executed,
- The Will was not properly written,
- The Will was a forgery.
- The testator (or person who made the Will) did not have capacity or was not competent at the time they made the Will.
- The testator was at the mercy of a caretaker, home health aide, friend, or neighbor who exerted undue influence upon the testator.
Improper Execution of the Will
Under New York law, a Last Will and Testament must meet strict formalities to be valid. This includes requirements that the testator sign at the end of the document and that there be at least two attesting witnesses who observe the signing or acknowledgement. If these specific legal protocols were not followed during the signing ceremony, the will may be declared invalid by the Surrogate’s Court.
Revocation & Non-Compliance with Formalities
A will must be written in accordance with state statutes. In New York, oral (nuncupative) wills are rarely valid. Furthermore, if a will is drafted ambiguously or if a later will was created that revokes the previous one, the document in question may be challenged. We examine the physical document for defects that fail to meet the statutory requirements for a valid testamentary instrument.
Forgery and Fraud
A will is void if the signature on the document is not genuine. If you believe the signature of the decedent was forged, or that pages of the will were swapped or altered after signing, you have strong grounds for a contest. We work with handwriting experts and forensic document examiners to prove that the document being offered for probate is fraudulent.
Lack of Testamentary Capacity
For a will to be valid, the testator must have been of sound mind at the precise moment the will was signed. This means they must have understood the nature of their assets, who their natural heirs (distributees) were, and the consequence of signing the will. If the decedent suffered from dementia, Alzheimer’s, or was under the influence of heavy medication, they may have lacked the necessary mental capacity to execute a will.
Undue Influence
Undue influence occurs when a person—often a caregiver, neighbor, or family member—manipulates a vulnerable testator into changing their will. If the testator was isolated from family or dependent on the influencer for care, the will may not reflect their true wishes but rather the desires of the manipulator. Proving undue influence often involves showing that the testator’s free will was overpowered by another party.
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Who Can File Objections to a Will?
Not everybody has the ability, or standing, to object to a Will. The following people have the right to object to a Will:
- A person who would take in the absence of a Will. These people are known as “distributees” and they are “necessary parties” to a proceeding. For example, if mom died survived by her children, then her children are distributees and each of them can object to a Will. A grandchild may not be able to object to a Will if all of the children are living.
- A person who received more money under an earlier Will may have standing to object if they can show that they are incurring a loss by the admission of the later will to probate.
- A person whose interest may be affected by a portion of the Will may file objections.
- An executor named in a prior Will may, under certain circumstances, have standing to file objections.
- A public administrator, may, in certain circumstances file objections.
How Can a Will Contest Attorney Help Me?
A Will contest attorney can help you figure out whether you should conduct pre-objection discovery, also known as SCPA 1404 Examinations or just file objections to the Will.
A Will Contest attorney can also help you figure out whether you have a bonafide claim. Sometimes people file objections to the Will because they are using the Will as an opportunity to sort out their childhood issues with their siblings. A Will Contest attorney can help determine whether your objections have merit or whether you are perpetuating the family feud. A Will Contest attorney can also sometimes work as a mediator to resolve the issues between and among the family members.
Will Contest FAQ
Contesting a will means formally questioning whether a Last Will and Testament is valid (for example, whether it should be admitted to probate) based on specific legal grounds.
People typically explore a will contest when they believe the will was not properly executed, was not properly written, was a forgery, the person who signed it lacked capacity, or someone exerted undue influence (for example, a caretaker or other trusted person)
Not everyone can object. In general, potential objectants may include: (a) distributees—people who would inherit if there were no will, (b) beneficiaries who would receive more under a prior will, (c) people whose interest is affected by a particular provision, and in some circumstances (d) fiduciaries named in a prior will or a public administrator.
Common grounds include lack of proper execution, lack of testamentary capacity, undue influence, fraud/forgery, and (in some matters) issues with how the will was prepared or presented to the court.
SCPA 1404 allows certain interested persons to take limited, pre-objection discovery—often including testimony from attesting witnesses and the drafting attorney—so you can evaluate whether objections are supported by evidence
Timelines vary widely based on the court, the number of parties, how quickly discovery moves, and whether the case settles. Some matters resolve relatively quickly through stipulation/mediation; others take longer if motion practice and depositions are extensive.
Yes. Many will contests resolve through negotiation, settlement conferences, or mediation—especially when families want to avoid prolonged litigation and expense.
A no-contest clause can create risk for certain beneficiaries who file objections. Before taking action, it’s smart to discuss strategy (including whether SCPA 1404 discovery is available) so you understand potential consequences.
Don’t ignore court papers. Deadlines can apply, and early action may preserve options (including discovery). Consider speaking with counsel promptly to understand what was filed and what steps are available
Contesting a Will is a very specialized area of law and requires that the attorney have knowledge of estate planning, trusts, and litigation. We are experienced NYC estate litigation attorneys and pride ourselves on fighting for your inheritance.
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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