Time Limitations for Filing a Will Contest in New York

A will contest is a legal proceeding that challenges the validity of a will. In New York, a will contest can be brought on several grounds, including lack of capacity, undue influence, fraud, forgery, and improper execution. The goal of a will contest is to have the court invalidate the will, or a portion of it, and to distribute the estate according to state law or a previous valid will. In New York, the time limitations for filing a will contest are governed by the state’s Estates, Powers and Trusts Law (EPTL). These limitations set forth specific deadlines within which a will contest must be filed or the claim will be forever barred. Understanding these time limitations is crucial for anyone considering challenging the validity of a will in New York. Whether you are a beneficiary, heir or another person with an interest in an estate, if you have questions related to will contest time limitations, contact an experienced New York will contest lawyer at Stephen Bilkis & Associates as missing a deadline in a legal matter will put your case in jeopardy.

Grounds for Will Contest and Time Limitations

The time limitations for filing a will contest in New York depend on several factors, including the grounds for the challenge and the nature of the interested parties.

• Lack of Capacity: When a will is challenged on the grounds that the testator lacked the mental capacity to make the will, the time limitations for filing a contest begin to run from the date the will is admitted to probate. Under EPTL § 1410, a will contest based on lack of capacity must be filed within two years of the date the will was admitted to probate.
• Undue Influence: When a will is challenged on the grounds of undue influence, the time limitations for filing a contest begin to run from the time the contesting party knew or should have known of the alleged undue influence. Under EPTL § 1410, a will contest based on undue influence must be filed within two years from the date the will was admitted to probate, or six years from the date of the testator’s death, whichever is later. Proving undue influence is difficult. For help in understanding the proof needed and for help in gathering that proof, contact an experienced New York will contest lawyer.
• Fraud or Forgery: When a will is challenged on the grounds of fraud or forgery, the time limitations for filing a contest begin to run from the time the contesting party knew or should have known of the fraud or forgery. Under EPTL § 1410, a will contest based on fraud or forgery must be filed within two years from the date the will was admitted to probate, or six years from the date of the testator’s death, whichever is later.

It is important to note that there are some circumstances that can toll the running of the time limitations for filing a will contest. For example, if the person challenging the will is a minor or incapacitated, the limitations period may be extended. Additionally, as an experienced will contest attorney in New York can explain, in cases where a will is discovered after the limitations period has expired, it may be possible to file a late will contest under certain circumstances.

Contact Stephen Bilkis & Associates

If you believe that a will of a loved one is invalid and wish to challenge it in New York, it is important to act quickly. Contact an experienced will contest attorney serving New York to discuss your case, explore your legal options, and help ensure that the estate is distributed according to the decedent’s true intentions. Contact us at 800-696-9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Long Island, Nassau County, Queens, Brooklyn, Staten Island, Suffolk County, Bronx, and Westchester County.