New York Probate Lawyer Blog
When drafting a Last Will and Testament, it is essential that a person’s intentions are clearly expressed and accurately reflected in every estate planning document. Even a carefully prepared Will can lead to estate litigation if its provisions are ambiguous or conflict with how assets are actually owned. This article explains why Will construction proceedings may be necessary in New York Surrogate’s Court and highlights a recent case demonstrating how a court determines a decedent’s intent.
Why Proper Estate Planning Matters
The New York Probate Lawyer Blog has published many articles discussing issues relating to New York estate plans. These articles included matters involving:
- Last Wills and Testaments
- Living Wills
- Health Care Proxies
- Powers of Attorney
- Living Trusts
There is no question that it is important to plan and create documents which provide for advance directives such as Powers of Attorney and Health Care Proxies. It is equally important to have a post-death plan in place utilizing a Last Will and other papers.
Why a Last Will Must Clearly Express a Person’s Intentions
When creating these papers, an individual must be certain to clearly state his intentions.
One major problem which consistently appears is where a person creates a Last Will with provisions which conflict with the actual manner in which an asset is to be disposed of.
For example, a Will might have a provision which devises a certain real estate property to Mr. X. However, the deed to this property is in the name of the testator/decedent jointly with Mr. Y.
On the death of the testator/decedent, the property will pass directly to Mr. Y and the Will provisions disposing of the property to Mr. X will be ineffective.
Why Clear Beneficiary Designations Are Important
Similarly, it is important to be certain that the documents drafted provide for dispositions and beneficiaries with detailed clarity.
For example:
- If a beneficiary is named for a certain bequest, such beneficiary should be clearly described.
- Substitute beneficiaries need to be named in the event the bequest to the primary beneficiary cannot be made due to death or even a disclaimer.
- All possible scenarios should be provided for.
When Will provisions are ambiguous or the intent of a testator needs to be explained, estate litigation in the Surrogate’s Court may be needed to construe a Will.
This circumstance occurred in a recent case in Dutchess County entitled Matter of Laub, decided by Dutchess County Surrogate Michael G. Hayes on June 22, 2026.
Recent New York Estate Case: Matter of Laub
In Laub, a decedent left a Last Will. However, all of the named beneficiaries in the Will, particularly the residuary clause, pre-deceased the testator.
When this happens and there is no one left to take under the Will, the estate is distributed to a decedent’s distributees just like an intestate estate.
In this case, the decedent’s Will contained a provision which specifically disinherited the adopted children of the decedent’s pre-deceased brother.
The issue which arose was whether, since the estate was to be distributed pursuant to intestate rules, the descendants of the disinherited children would also be disinherited.
The Court’s Decision
The Court reviewed the relevant case law and ultimately determined that the decedent’s intent was to disinherit the entire family line of the adopted children.
Why This Case Matters
As can be seen from Laub, probate and estate matters can be complicated.
What may appear to be a simple Will can result in a complex estate litigation to be decided by a Surrogate’s Court.
Frequently Asked Questions
What does it mean to construe a Will?
A Will construction proceeding asks the Surrogate’s Court to interpret ambiguous language or determine a testator’s intent when questions arise regarding the meaning of a Last Will and Testament.
What happens if all of the beneficiaries named in a Will die before the person who made the Will?
Depending on the language of the Will and applicable New York law, the estate may pass to the decedent’s distributees under the laws of intestacy.
Can unclear language in a Will lead to estate litigation?
Yes. Ambiguous provisions, conflicting beneficiary designations, or questions regarding a decedent’s intent may require a Will construction proceeding in Surrogate’s Court.
Do You Have Questions About a Will or Estate Litigation?
Do you have a question regarding an estate matter?
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Contact New York Probate and Estate Litigation Attorney Jules Martin Haas
New York Trusts and Estates Attorney Jules Martin Haas has helped many clients over the past 40 years resolve issues relating to:
- Guardianship
- Probate
- Estate settlement
- Estate litigation
- Will construction proceedings
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