New York will contests are not always easy. However, there are times when you may feel that they are absolutely necessary. You may be fighting an uphill battle, but it is possible to overturn a will under the right circumstances.
Standing and procedural requirements
First, you need to demonstrate to the court that you are an interested party to challenge the will. This is the same as establishing your standing in the case. You need to show that you have an economic interest that is at stake in the will. The closer your relation, the better chance you have of establishing that you have standing. You also must meet the timeliness requirements for filing a will contest.
Finding grounds to challenge the will
You must find appropriate grounds to challenge the will that go beyond simply disagreeing with the contents of the will. Appropriate grounds relate to how the will was decided or signed. For example, you can argue that someone named in the will had undue influence over the decedent. It is fairly difficult to overturn the results of a will, but an opening may be apparent from the document itself or based on the circumstances of the will’s creation.
If you believe that the process surrounding a family member’s will was improper, you might explore the possibility of a will contest. You may want to contact an estate planning attorney to have a closer look at the will to see if there are grounds to open a court proceeding. You need to move quickly in order to keep up with the timelines of probate. The attorney may advise you whether you have grounds for a successful will contest.