Evidence of More Than One Will in New York

When a person dies, their last will and testament determines how their property and assets will be distributed. However, sometimes there is more than one will, and this can cause confusion and disputes among the deceased's family members and beneficiaries. In New York, the probate process involves determining which will is the most recent and valid. If you are an interested party in a probate matter where there is evidence of more than one will, contact an experienced New York will contest lawyer at Stephen Bilkis & Associates. We will review the evidence and help ensure that your interests are protected.

In New York, if there is more than one will, the most recent one is presumed to be the valid will. However, this presumption can be challenged if there is evidence that the most recent will was executed under duress, undue influence, or fraud. In such cases, during a will contest the court will consider all the evidence presented and determine which will should be admitted to probate.

When there is more than one will, the executor named in each will may file a petition to have the will admitted to probate. The court will then hold a hearing to determine which will is the most recent and valid. At the hearing, the court will consider various factors to determine which will is valid, including the circumstances of the execution of each will, the mental state of the testator at the time of execution, and the existence of any evidence of undue influence or fraud.

• Circumstances of execution. One factor that the court may consider is the circumstances surrounding the execution of each will. The court will examine the circumstances under which each will was executed to determine if there is any evidence of duress, undue influence, or fraud. For example, if the testator was forced to execute a will under threat of harm, the court may find that the will was executed under duress and is therefore not valid. To avoid execution questions, it’s important that an experienced New York will contest lawyer is present at the execution.
• Mental state of the testator. The mental state of the testator at the time of execution is also a crucial factor in determining the validity of a will. In New York, a person must have the mental capacity to understand the nature and extent of their assets and the consequences of their estate plan at the time they execute a will. If there is evidence that the testator lacked mental capacity at the time of executing one or more of the wills, the court may find that the will or wills are invalid.
• Evidence of undue influence or fraud. Another factor that the court may consider is the existence of any evidence of undue influence or fraud. Undue influence occurs when someone exerts pressure on a testator that overcomes their free will and causes them to execute a will that does not reflect their true intentions. Fraud occurs when someone intentionally deceives a testator, causing them to execute a will that does not reflect their true intentions. If there is evidence of undue influence or fraud, the court may find that the will or wills are invalid.

When there is more than one will, the court will also consider any other evidence that is relevant to the case. This may include witness testimony, medical records, and other documents that shed light on the testator's intentions and mental state at the time of execution. When challenging the validity of a New York will, it is important to seek the counsel of an experienced will contest attorney in New York.

In addition to determining which will is valid, the court may also consider the effect of each will on the distribution of the deceased's property and assets. For example, if one will divides the assets evenly between the testator's children, and another will leaves all the assets to one child, the court will need to determine which will should be admitted to probate and how the assets should be distributed.

In re Weisberg, 2023 N.Y. Slip Op. 30920 (N.Y. Surr. Ct. 2023). The case involved a dispute over the 2011 will of Neil Prevratil's father, who had executed multiple wills during his lifetime. Prevratil contested the 2011 will, alleging improper execution and lack of testamentary capacity. However, the court, considering the self-executing affidavit of attesting witnesses and testimonies from the will's proponents, rejected these objections. The court emphasized that the decedent understood the nature of his property and beneficiaries. Prevratil failed to provide evidence raising a triable issue on improper execution. The court granted summary judgment, dismissing objections and affirming the validity of the 2011 will, highlighting the importance of proper execution.

When there is evidence of more than one will, the probate process can become complicated and contentious. It is essential to have an experienced will contest attorney serving New York to help you navigate this process and protect your rights. If you believe that a will may be invalid, contact Stephen Bilkis & Associates 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.