Will Contests

There are a number of ways that a will can be contested. Please see the list below for details, and contact us if you have any immediate questions or concerns.

A will can be contested on the following grounds:

• The will was not properly executed - Proper execution of a will requires that the will be signed by the testator (the person making out the will) and witnessed by at least two people, who also sign the will at the end. A will can be contested on the grounds that it was not properly drafted, signed, or witnessed in accordance with statutory legal requirements. A will can also be contested on the grounds that there are ambiguities in the document. When a will is executed under the supervision of an attorney, there is a presumption that it was properly executed.
  
• The testator was not mentally competent to make a will - Competency to make a will means that the testator understood the nature and extent of his assets and knew the parties to whom the assets would be distributed. A will may be declared void if it can be proved that the testator was senile, delusional or of unsound mind when the will was created. Incompetence may be proven by medical records or irrational conduct of the testator (with the testimony of those who observed him/her at the time the will was executed).
  
• The will was the product of fraud or undue influence - Undue influence occurs when the testator is compelled or coerced to execute the will as a result of improper pressure exerted upon him/her. Fraud occurs when a false statement is knowingly made causing the testator to sign a will in a different manner than he/she would have if the statement had not been made.
  
• A second will is discovered - If proven valid, the newer will would replace the older will.
  
• Miscellaneous reasons - There are other circumstances under which a will can be contested. These include suspicions of forgery and the existence of pre-existing contracts relating to asset distribution.

It is important to note that there are time constraints and procedural deadlines after which you may not be able to contest a will. Unlike the statute of limitations of several years in most legal matters, estate litigation must be initiated in  a few months. Quick probate deadlines are set to allow an estate's bills to be paid and assets to be distributed as rapidly as possible. After probate is completed, it is normally not possible to initiate legal action. Therefore, it is imperative to prompt legal advice from attorneys who are both highly experienced and knowledgeable about all facets of estate litigation.

Schwartzapfel Truhowsky Marcus Sachs P.C. is a firm that has litigated estate cases and will contests in all of the Surrogate's Courts in the New York metropolitan area, as well as those in Nassau, Suffolk, Westchester, Rockland and Orange counties.

If you suspect that an estate's assets have been handled incorrectly, unfairly or illegally, please call us at 1.800.966.4999 or fill out the form to the right of the page for immediate attention to your case.