Who Can Challenge a Will in New York?

A will is a legal document that outlines how a person's assets will be distributed after they pass away. A will challenge, also called a will contest, is a legal proceeding in which interested parties challenge the validity of a will. In New York, a will contest is initiated by filing a petition with the Surrogate's Court, which is a specialized court that handles probate and estate matters. In New York, only certain parties have the legal standing to challenge the validity of a will. If you are concerned that a will of a loved one is not valid, contact a skilled New York will contest lawyer at Stephen Bilkis & Associates. With over two decades of experience representing beneficiaries, heirs, and fiduciaries in complex matters before the New York Surrogate’s Court, we will ensure that your interests are protected.

In New York, only certain individuals have standing to contest a will. Standing refers to the legal right to bring a lawsuit, and in the context of a will contest, it means that only certain people can initiate a challenge to the validity of a will.

The following individuals have standing to contest a will in New York:

• Heirs at law: Heirs at law are individuals who would inherit from the deceased person if they had died without a will. In New York, the heirs at law include the spouse, children, parents, siblings, and any other relatives who would be entitled to a share of the estate if there were no will.
• Devisees: Devisees are individuals who are named as beneficiaries in the will. If a devisee is unhappy with the terms of the will or believes that it is invalid, they may challenge the will.
• Beneficiaries under a prior will: If the deceased person had made a previous will, the beneficiaries under that will have standing to contest a subsequent will that disinherits them or leaves them with a smaller share of the estate.
• Creditors: Creditors of the estate may also have standing to challenge a will if they believe that it unfairly reduces the amount of assets available to pay the deceased person's debts. There are special rules that creditors must follow in demand payment from an estate. Contact an experienced New York will contest lawyer for more information.

It is important to note that individuals who are not named in the will and who are not heirs at law do not have standing to challenge the will. For example, if a friend or neighbor believes that they were promised a share of the deceased person's estate but were not included in the will, they generally would not have standing to contest the will.

If you are considering challenging the validity of a will or if you are an executor facing a will contest, it is important to consult with an experienced will contest attorney in New York who can advise you on whether you have standing to bring a challenge and can guide you through the legal process under New York law.

In re Will of Smith, 2016 N.Y. Slip Op. 32161 (N.Y. Surr. Ct. 2016). In a probate dispute between Janet Isasi and Richard Smith, Isasi seeks court orders to deny Smith's standing to object to the will's admission and her executor appointment. The decedent, Joseph Smith, left a will dated March 10, 2009, bequeathing the residue equally to Isasi and Smith, surviving children. The petitioner argues that since the will grants Smith his intestate share, he lacks standing to contest probate or her executor nomination. Relying on legal precedents like Matter of Wang and Matter of Hall, Isasi contends that Smith's objection rights are precluded, as he would receive the same intestate share. However, the court rejects this argument, emphasizing that the unconditional right to SCPA §1404 examinations for potential objectants does not require a preliminary showing of need. The court underscores the pecuniary interest criterion for standing, noting that those receiving an equal or larger share than intestate succession lack standing. Isasi's reliance on the residuary clause for an equal share is countered by a provision in ARTICLE II that may alter property distribution. The decision highlights the significance of pecuniary interests and clarifies the broad right to pre-objection discovery, ultimately denying Isasi's motion.

If you are considering challenging the validity of a will or if you are a personal representative facing a will contest, it is important to consult with an experienced will contest attorney serving New York who can advise you on whether you have standing to bring a challenge and can guide you through the legal process under New York law. 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.