Guiding clients through New York will contests and probate disputes involving questions of testamentary capacity, undue influence, fraud, coercion, and compliance with statutory execution requirements. We represent objectants and proponents in Westchester County and throughout the New York Metropolitan area, before the Westchester County Surrogate's Court in White Plains.
A will contest can involve questions about whether the will was properly executed, whether the person making the will had legal capacity, or whether another person exerted undue influence, fraud, or coercion. These matters require careful analysis of the facts, documents, family history, and surrounding circumstances to evaluate the validity of the claims and protect our clients’ interests.
Generally only an interested person may object: someone who would inherit if there were no will, or who was named in an earlier will, and whose share would be reduced by the will being offered. When a will is filed for probate, the Surrogate's Court issues a citation to those parties so they have the chance to appear and object.
The usual grounds are that the will was not signed and witnessed as New York law requires, that the person lacked testamentary capacity when it was signed, that someone exerted undue influence over them, or that the will was procured by fraud or duress. Each ground turns on the facts, the documents, and what happened around the signing.
New York allows interested parties to examine the attesting witnesses and the attorney who drafted the will before deciding whether to file formal objections. This early examination often shows whether a contest has merit. If objections are filed, the matter proceeds with discovery and may settle, go to mediation, or be tried before the Surrogate.
Will contests for Westchester County are heard at the Westchester County Surrogate's Court, 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY 10601. The court also handles the underlying probate proceeding.
Every matter depends on its specific facts. Contact us to discuss your goals, deadlines, documents, and the best next step.
Estate and will contest matters for the county are heard by the Westchester County Surrogate's Court in White Plains. Learn more about our White Plains estate and will contest practice, or read our guide to the Westchester County Surrogate's Court.