Challenging a will in New York can be a complex and emotional process and knowing the legal procedures involved is crucial for anyone considering doing so. Securing a contested will attorney is typically recommended to help you throughout the process.
Legal Grounds for Contesting a Will in New York
Several reasons exist in order to contest a will in New York. Here are some of the most common legal reasons that can form the basis of a petition to dispute a will:
Lack of Testamentary Capacity
A will can be contested if someone doesn’t understand the impact of their decisions while creating the will. Evidence may include medical records and testimony from those who knew the person well.
Undue Influence or Coercion
If someone exerted undue influence or coerced an individual into changing their will, the document could be invalidated. Proving undue influence involves showing that the influencer had a close relationship with the person and benefited from the will’s provisions.
Fraud or Forgery
A will that has been created under fraudulent circumstances or forged can be contested. This may include situations where the person was deceived about the contents of the will or if the signature was forged.
Improper Execution
Wills in New York must comply with specific formalities. A will can be contested if it was not signed in the presence of two witnesses, or if the witnesses did not also sign the will in the person’s presence.
Filing a Petition
You must file a petition in the Surrogate’s Court to contest a will. A will-dispute attorney can work with you throughout each step of this process.
Steps to Initiate a Will Contest
File a Petition
You must begin the process by submitting a petition to the Surrogate’s Court detailing your reasons for contesting the will.
Notify Interested Parties
It is necessary to serve notice to all beneficiaries that are named in the will, as well as potential heirs who would inherit if the will were deemed invalidated.
Preliminary Hearing
You will then attend a hearing, where the court will determine if there’s sufficient grounds to proceed with the contest.
Key Deadlines and Timelines
In New York, the statute of limitations for contesting a will is typically three years from the date that the will is probated. Acting quickly is crucial to make sure that your case is heard.
Pre-Trial Procedures
Once the petition has been filed, pre-trial procedures begin, which include the discovery process and potential mediation.
Discovery Process
During discovery, both sides gather evidence, take depositions, and request documents. This phase is critical to building a strong case.
Mediation and Settlement Options
Many will-disputes are settled out of court, through mediation. The mediation process may save time, as well as legal fees, and may offer a less adversarial resolution.
Trial Process
If the case proceeds to trial, understanding what to expect during the process may help prepare for the legal battle ahead.
What to Expect During the Trial
The trial typically involves presenting evidence, examining witnesses, and making legal arguments for contesting a will. Each side will have the opportunity to challenge the other’s claims and evidence.
Role of Evidence and Witness Testimony
Testimonies from witnesses, such as those who were present during the will’s signing, as well as expert testimonials commonly play a crucial role in this process. Documents and medical records are also considered vital pieces of evidence.
Post-Trial Outcomes
After the trial, the court will issue a ruling. Understanding the possible outcomes and the appeals process is essential to fully comprehend the decision that was made.
Possible Rulings and Their Implications
The court may uphold the will, invalidate it entirely, or invalidate only parts of it. These rulings can significantly impact the distribution of the estate.
Appeals Process
If you disagree with the court’s decision, you may file an appeal. This must be done within a specific period of time that will be advised by an experienced lawyer and involves having a higher court review the case.
Final Thoughts About Contesting Wills
Working with a will-contest attorney is imperative in order to completely understand your options and to build a compelling case. Needing to go through the process of contesting a will isn’t easy, but a will-dispute lawyer may prove to be a huge help to you during this legal process.