Will Contests in Brooklyn

A will contest is a formal objection to the validity of a will offered for probate. In Brooklyn, these disputes are decided in the Kings County Surrogate’s Court under the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). Will contests are especially common where the decedent was, or arguably should have been, under an Article 81 guardianship — because the same evidence about capacity that justified the guardianship can undermine a will signed during that period.

Who Can Object

Standing to object belongs to those with a financial interest who would be adversely affected if the will is admitted — typically distributees who would inherit more under intestacy or beneficiaries under a prior will. When a distributee receives a citation in the probate proceeding, that is the moment to decide whether to investigate and object.

Lack of Testamentary Capacity

To make a valid will in New York, the testator must understand the nature of making a will, know the general nature and extent of their property, and know the natural objects of their bounty — the family members who would ordinarily inherit. A decedent who was adjudicated incapacitated for guardianship purposes is not automatically incapable of making a will, but the guardianship record — medical evaluations, the court evaluator’s report, and physician findings — provides powerful evidence about the testator’s true mental state.

Undue Influence

Undue influence means the testator’s free will was overpowered so the document reflects someone else’s wishes. Courts look at the testator’s vulnerability, the opportunity and motive of the influencer, and suspicious circumstances such as a sudden change in beneficiaries or a caregiver who isolated the decedent. In guardianship-to-probate cases, a person who controlled the ward’s daily life is a natural focus of an undue influence claim.

Improper Execution and Fraud

A will must meet the execution formalities of EPTL 3-2.1 — signed at the end by the testator and witnessed by at least two people. Failure to follow these formalities is independent grounds for objection. Fraud — tricking the testator about what they were signing or about material facts — is another basis to deny probate.

SCPA 1404 Examinations

Before formally objecting, an interested party may use SCPA 1404 to examine the attesting witnesses, the attorney who drafted and supervised execution of the will, and in some cases the nominated executor. These examinations let you assess the strength of a contest before committing to litigation, and they often reveal what really happened around the signing.

In Terrorem Clauses

Some wills include a no-contest (in terrorem) clause that threatens to disinherit anyone who challenges the will. New York gives these clauses limited effect, and SCPA 1404 examinations and certain preliminary inquiries do not, by themselves, trigger forfeiture. Whether a contest is worth the risk is a careful, case-specific judgment.

Consult a New York Will Contest Attorney

Will contests are evidence-intensive and deadline-driven. This page is general information, not legal advice. Speak with a licensed New York attorney about the specific facts and timing of your potential objection.