Will Contests | Surrogate’s Court Litigation

When a party claims that a Will was executed under duress, or when the testator was not of sound mind, or otherwise unable to accurately express his or her desires regarding the distribution of assets after death, the party making that claim is contesting the validity of the Will.  Our Surrogate’s Court attorney represents clients in Will Contests, and other Surrogate’s Court Litigation.

A New York Will Contest is a legal proceeding in the Surrogate’s Court challenging the validity of the decedent’s Will.

The person contesting the Will provides evidence to the court showing that the Will was not executed in accordance with New York law, or that the Will was executed under duress, or was fraudulently executed, or that the testator lacked the required mental capacity to execute a valid Will.

The proponent of the Will (person claiming that the Will is valid) offers evidence showing that the Will was validly executed in accordance with New York law, and that the testator was not under any duress, and that the testator possessed the required mental capacity to execute a valid Will.

If a Will Contest is successful, the decedent’s property would be distributed either in accordance with the terms of a previously executed valid Will, or as if the decedent died intestate (without a valid Will.)

If you are involved in a New York Will Contest or New York Surrogate’s Court Litigation, contact our firm to discuss the circumstances of the Will contest or Surrogate’s Court litigation, so that we can determine whether we can represent you. We represent people in New York Will contests and
New York Surrogate’s Court litigation, including the proponent of the Will, as well as the person claiming that the Will is invalid.

New York Will Contests

New York Surrogate’s Court Litigation

Contested New York Surrogate’s Court Proceedings

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