New York Probate Lawyer Blog
A Last Will and Testament is an important document since it is meant to express in writing a person’s disposition of his estate. A Will is an embodiment of a testator’s intentions. The document may contain many different provisions and dispositions of assets. For example, there may be legacies disposing of a specific amount of money to a beneficiary or a specific personal asset such as jewelry or art-work. Also, specific devises of real property may be made. A Will can contain testamentary trusts or other trusts such as a supplemental needs trust. A testator typically includes provisions nominating executors, trustees and guardians for children.
As discussed, in many articles in the New York Probate Lawyer Blog, a Will must be filed in the Surrogate’s Court and go through the probate process. Once a Will is admitted to probate, it has been validated by the Court and its terms and provisions must be adhered to by the appointed Executor.
During the probate proceeding various individuals may object to the probate of a Will. Usually distributees (i.e. next of kin) have a right to file objections to a Will although persons whose interests from a prior Will which have been adversely affected may also be entitled to file objections. The basis for objections include improper execution, lack of testamentary capacity and undue influence. These objections result in a Contested Will.
With respect to undue influence, this ground for objection is for the most part challenging to prove. Since the testator is deceased, he or she is unable to state whether the Will accurately reflects his or her intent at the time it was signed. The path to follow when attempting to demonstrate undue influence is mostly shown by circumstantial factors and the events and occurrences surrounding a decedent and the creation of a Will. The totality of events and factors are needed to demonstrate that influence on a testator was, in fact, undue, and resulted in the creation of a document which a person did not voluntarily intend. In view of certain presumptions of validity afforded to Wills that are prepared and signed under the supervision of an attorney, the difficulty in prevailing in a Will contest is apparent.
Nevertheless, there are numerous New York cases where a Will has been invalidated due to undue influence. I have represented both executors seeking to uphold a Will and family members challenging a Will due to undue influence.
A recent probate case which was reviewed by the Ohio Courts provides a good insight into these cases. As reported by Kathleen Maloney in the Court News Ohio on August 6, 2025, in an article entitled “Third District: Son’s Undue Influence Over Father Invalidates Updated Will”, the case of In re Estate of Means involved a Will which was found to be invalid due to undue influence. Many of the factors discussed are applicable to New York cases. In Means, a decedent who died in 2021 was survived by two sons. Beginning in 2019 one son, Thomas, began controlling the decedent’s financial affairs. The decedent had hearing loss, was suffering from Parkinson’s disease and in 2019 had fallen and was hospitalized and moved into a nursing home. Thomas isolated the decedent and arranged for a new Will to be signed in 2021 which favored Thomas. Previous estate planning documents treated the decedent’s two sons equally. Thomas also arranged to have various assets transferred from the decedent to Thomas and Thomas’ wife accounts.
The totality of Thomas’ actions and the decedent’s vulnerable situation resulted in the Court invalidating the Will and requiring Thomas to disgorge assets he had received from the decedent prior to death.
As noted, objecting to a Will is difficult. However, there are situations where a Will Contest is possible. I have been representing clients in all types of estate cases including probate and administration for over 45 years. Call me now for a free confidential review of your estate issue. We offer reasonable and flexible fee arrangements and personal representation.
New York Trusts and Estate Attorney Jules Martin Haas has helped many clients over the past 40 years resolve issues relating to guardianship and probate and estate settlement throughout New York City including the Bronx, Queens, Brooklyn, Manhattan, Nassau and Suffolk County. If you or someone you know has questions regarding these matters, please contact me at (212) 355-2575 for initial free consultation.