A will contest is a lawsuit to dispute the validity of the will. If the will contest is successful, the entire will or part of it will be cancelled.

A will can be contested based on the following grounds:

• Incapacity – To prove that the decedent was not of “sound mind” at the time the will was made, the contestant has to prove that the decedent did not understand (1) what he or she owns, or (2) who his or her family is, or (3) what is in his or her will.

  If the decedent was drifting in and out of having an unsound mind, the will is valid only if it was executed during the time when the decedent had clarity.

  Proving that the decedent was mentally ill or under the influence of drugs or alcohol can also establish incapacity.

  Proving that the testator was younger than 18 at the time of executing the will also proves incapacity.



• Coercion and Undue Influence – If the decedent was influenced through coercion, duress or fraud to sign a will, it will be found invalid.


• The Existence of a Later Will – If there is a validly executed will made after the one being challenged, the later will wins.


• Fraud – If it can be shown that someone lied to the decedent to make his or her sign a will he or she otherwise would not sign, the will is invalid.

• Improper Execution – A will that was not signed with all of New York’s formal requirements will not be valid. The formal requirements are: (1) The will must be signed by the testator (or in his or her direction in his or her presence), (2) the signature must be at the end of the will, (3) signed in the presence of each witness (4) testator must communicate to witnesses that they are witnessing a will (5) two witnesses are required (6) the entire ceremony must be completed within 30 days of the testator’s signature.

  If the will was not executed in compliance with New York’s formalities, it will not be valid.



• Forgery – Needless to say, if any part of the will is determined to be forged, be that the text of the will or anyone’s signature, the will is invalid.

During a will contest, the validity of the will is decided in a trial. The estate will not be distributed until the trial finishes. If the will is found to be invalid, the court will do one of the following:

• Not admit the will
• Admit only a portion of the will
• Admit an earlier will in its place
• Not admit any of the wills, and distribute assets among the decedent’s relatives as if there was no will.

Call the Law Offices of Albert Gurevich at (212) 233-1233 and make an appointment to evaluate your chances of succeeding in a will contest.