Procedure to Invalidate a Will in New York

The process of invalidating a will in New York can be a complicated and emotional task. There are several legal grounds on which a will can be challenged, including lack of testamentary capacity, undue influence, fraud, mistake, and revocation. In order to successfully invalidate a will in New York, it is important to follow the proper procedures and have a skilled New York will contest lawyer by your side.

It is important to understand the legal requirements for a valid will in New York. To be considered valid, a will must be in writing, signed by the testator (the person making the will) or someone at their direction and in their presence, and witnessed by at least two competent individuals who also sign the will in the presence of the testator and each other. Additionally, the testator must have testamentary capacity, meaning they must be at least 18 years old and must be of sound mind and understand the nature of their actions when creating the will.

If you believe that a will is invalid, the first step is to consult with an experienced New York will contest lawyer who can review the will and the circumstances surrounding its creation to determine if there are grounds to challenge it. If there are, they will help you file a petition with the Surrogate's Court in the county where the testator lived at the time of their death.

The petition must include specific allegations as to why the will should be invalidated, such as lack of testamentary capacity or undue influence. It must also include the names and addresses of all interested parties, such as beneficiaries under the will and potential heirs at law.

Once the petition is filed, interested parties will be notified and given the opportunity to contest the allegations. This may include a hearing in front of a judge, where evidence and witness testimony can be presented.

If the court determines that the will is invalid, it may be set aside in whole or in part. This means that the estate will be distributed according to the testator's previous valid will or, if there is no previous will, according to the laws of intestacy.

It is important to note that the will contest process can be lengthy and emotionally draining. It is important to have a skilled will contest attorney in New York on your side who can guide you through the process and provide the necessary support and advice.

• Matter of Ehrlich, 628 N.Y.S.2d 261 (Sup. Ct. 1994). In this case, the will of the deceased was challenged on the grounds that the testator lacked testamentary capacity when the will was created. The court ultimately found that the testator did have testamentary capacity and the will was upheld. Citation:
• In re Estate of Kasler, 13 N.Y.S.3d 119 (App. Div. 2015). This case involved a challenge to the validity of a will on the basis of undue influence. The court found that the will was indeed the product of undue influence and was therefore invalid.
• Matter of Kahr, 881 N.Y.S.2d 619 (Sur. Ct. 2009). The will in this case was challenged on the basis of fraud, mistake, and undue influence. The court ultimately found that the will was invalid due to undue influence.
• In re Estate of Higbie, 909 N.Y.S.2d 481 (App. Div. 2010). In this case, the will was challenged on the basis of undue influence and fraud. The court ultimately found that there was no undue influence or fraud and upheld the validity of the will.

The process of invalidating a will in New York involves filing a petition with the Surrogate's Court, providing specific allegations as to why the will should be invalidated, and presenting evidence and testimony in front of a judge. If the court determines that the will is invalid, it may be set aside and the estate will be distributed according to the testator's previous valid will or the laws of intestacy. If you believe that a will is invalid, it is important to consult with an experienced will contest attorney serving New York who can help guide you through the process and provide the necessary support and advice. 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.