When loved ones pass away, it can be difficult to determine what their wishes were. This is why it is crucial to discuss estate planning with a trusted legal advisor to promote proper planning. However, if you are the beneficiary of a purported will or trust and feel that it doesn’t accurately reflect your deceased family member’s intentions, there are legal ways to bring a claim against the document.

A seasoned contest will lawyers can help you navigate this highly specialized type of legal matter, whether you are the executor of a will who needs to defend the will or the beneficiary seeking to challenge it. Morgan Legal Group PC focuses on handling all aspects of estate litigation in New York, including probate matters and will contests. We will provide insights into this specialized area of law, to help you determine whether contesting a will is in your best interests and what steps should be taken to ensure that the wishes of your deceased loved one are respected.

There are only a handful of valid reasons to contest a will, and simply feeling slighted is not one of them. Instead, you can contest a will if you believe that the testator was under undue influence by someone close to them, duress, mistake, lack of mental capacity when the will was signed, improper execution of the will or fraud.

To initiate a will contest, you need to file a caveat with the Surrogate’s Court before the purported will is admitted into probate. You will then need to gather evidence, such as different versions of the will, medical records and statements from witnesses. You may also need to attend a hearing before the judge can render a decision on the case.