Grounds to contest a Will – When a loved one passes away, their Last Will and Testament outlines their final wishes regarding their estate. However, sometimes the terms of a Will do not seem to align with what the deceased might have wanted, leading potential beneficiaries to question its validity.
In New York, contesting a will in Surrogate’s Court involves demonstrating specific legal grounds, such as lack of capacity and undue influence.
Grounds to Contest a Will -Lack of Testamentary Capacity
One of the primary grounds to contest a will in New York is lack of testamentary capacity. Pursuant to EPTL 3-2.1, to execute a valid Will, a testator must:
– Be at least 18 years old.
– Understand the nature and extent of their property.
– Recognize those who would naturally be beneficiaries.
– Comprehend the implications of their bequests.
The standard for signing a Will is extremely low because a Will is not a contract. You need less than contractual capacity in order to execute a Will.
New York courts have set high standards for proving lack of capacity, requiring challengers to provide concrete evidence of the testator’s impaired mental state at the time the will was executed. Here are some notable cases that shed light on how courts interpret lack of capacity:
– In re Estate of Slade, 106 A.D.3d 1347 (3d Dept. 2013): In Slade, the Court held that the mere presence of a mental health condition or physical frailty does not automatically equate to a lack of capacity. The court upheld the Will, noting that despite the testator’s age and health challenges, she understood her estate’s value and had a clear intention to distribute it as described. This case emphasizes that capacity is evaluated based on the testator’s understanding of their assets, beneficiaries, and the will itself, regardless of age or illness.
– In re Estate of Kumstar, 66 N.Y.2d 691 (1985): In this case, the Court reaffirmed that testamentary capacity requires only a “minimal level of capacity.” Here, despite the testator’s significant cognitive decline, the court found that he still possessed the mental acuity to make a will. The ruling clarified that capacity depends on the testator’s mental state at the time of the will’s signing, underscoring that even minimal capacity can suffice if it allows the testator to make rational decisions about their estate.
– In re Estate of Friedman, 26 A.D.3d 723 (3d Dept. 2006): In this case, the Court upheld a lack of capacity claim where medical records and witness testimony demonstrated the testator’s severe dementia. The court found that the testator could not fully comprehend her property and the implications of her bequests. This case highlights how compelling evidence, such as medical records and testimony from those who observed the testator’s decline, is crucial to proving incapacity.
These cases demonstrate that while age, illness, and frailty can be factors, they don’t automatically invalidate a will. The court requires clear evidence showing that the testator could not meet the necessary mental benchmarks to comprehend their actions.
Undue Influence
Undue influence involves someone exerting pressure on the testator to manipulate the terms of the will in their favor. For undue influence to be established as grounds to contest a Will, courts in New York typically look for evidence of:
– Opportunity: The influencer had access to the testator.
– Motive: The influencer had something significant to gain.
– Outcome: The will includes substantial benefits for the influencer.
Cases illustrating undue influence include:
– In re Estate of Walther, 6 N.Y.2d 49 (1959): This case highlighted the court’s stringent standard for proving undue influence, requiring “clear and convincing evidence” that the influencer’s actions overpowered the testator’s free will. Here, the court found insufficient evidence of coercion, stressing that merely having a close relationship with the testator is not enough to prove undue influence.
– In re Estate of Neary, 149 A.D.3d 893 (2d Dept. 2017): The this case the Court invalidated a will based on undue influence, as the testator was isolated from family and entirely dependent on the primary beneficiary. The court found that the beneficiary had exploited this isolation, demonstrating the nuanced factors courts consider in undue influence claims.
Fraud
Fraud in the creation of a Will can occur when the testator is deceived about the Will’s contents or persuaded under false pretenses. For instance, a beneficiary may mislead the testator into omitting certain individuals by fabricating information about them.
To use fraud as grounds to contest a Will, the challenger must demonstrate that:
– The influencer misrepresented or concealed facts.
– The testator relied on this misinformation in making decisions.
– The fraudulent act resulted in harm to other beneficiaries.
Grounds to Contest a Will – Lack of Due Execution
Improper execution occurs when the will does not meet New York’s stringent requirements, which include:
– The will must be in writing.
– The testator must sign at the end of the document.
– The testator’s signature must be witnessed by two people.
If these formalities are not met, the will can be invalidated. For example, if a Will was not signed in the presence of witnesses, as required, New York Surrogate’s Court may refuse to admit it for probate.
Forgery
Forgery involves cases where someone other than the testator signs the will or alters it. Proving forgery often requires expert testimony, such as a handwriting analysis, to show that the signature does not match other authenticated records of the testator.
Revocation as Grounds to Contest a Will
If the testator revoked the Will by creating a new one or by physical destruction (e.g., tearing it up), the Court may deem the prior will invalid. This claim is typically supported by evidence showing the testator’s intent to revoke.
How to Initiate a Will Contest in New York
To contest a Will, a challenger must have standing—generally, someone who would inherit under a prior will or New York’s intestacy laws. The first step is to file objections in Surrogate’s Court, where the will is being probated. Since the burden of proof rests with the challenger, gathering strong evidence is essential for success.
Conclusion
Contesting a will in New York is challenging, especially regarding claims like lack of capacity and undue influence. Cases like Slade, Kumstar, and Friedman demonstrate the rigorous standards courts use to evaluate claims of incapacity, emphasizing the need for clear, credible evidence. Consulting with an experienced New York probate attorney on the Grounds to Contest a Will can provide invaluable insight into the contest process and the strength of your case.
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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