A Long Island business owner passes away, leaving a will that reflects decades of careful planning. He provided for his wife, his children, and a local charity he championed. Then, a few weeks after the funeral, a new document surfaces—a supposed deathbed will, signed days before his passing, that names a distant relative as the sole beneficiary. The family’s grief is suddenly compounded by a legal battle they never anticipated. This is where the stewardship of a legacy is tested, not with paperwork, but in the courtroom.
For over two decades, I have seen families confront these exact situations. Challenging a will or defending an estate plan from an attack is called estate litigation. It is not about winning an argument; it is about honoring the true intentions of the person who is no longer here to speak for themselves. The fight takes place in New York’s Surrogate’s Court, a venue with its own procedures and rules.
Grounds for a Will Contest
You cannot challenge a will simply because you dislike its terms or feel you deserved a larger inheritance. The law requires specific grounds to invalidate a will. In our practice, these challenges typically fall into a few distinct categories.
First is the question of due execution. A will must be signed and witnessed according to the specific ceremony laid out in New York Estates, Powers and Trusts Law (EPTL) §3-2.1. Was the person of sound mind and memory? Did they declare it to be their will? Did two witnesses sign it in their presence? If any step in this formal process was missed, the will can be deemed invalid.
Second, and more common in disputes, is the issue of testamentary capacity. The person signing the will must have understood the nature of their actions. They needed to know, in a general sense, the extent of their property and who their natural heirs were—the people who would normally inherit from them. A person with dementia might be lucid one day and incapacitated the next. Proving a lack of capacity often involves medical records and witness testimony about their mental state at the exact time the will was signed.
Finally, there is the matter of undue influence or fraud. This is what we see in the “deathbed will” scenario. Undue influence occurs when a person in a position of trust—a caregiver, a new friend, or even a family member—exerts so much pressure that the will reflects the influencer’s wishes, not the testator’s. It is a form of coercion that strips away a person’s free will. Proving it requires a methodical examination of the relationships and circumstances leading up to the will’s creation.
The Role of the Fiduciary
Litigation isn’t limited to will contests. Often, conflict arises after a will has been accepted and an executor or trustee—the fiduciary—is appointed to manage the estate. A fiduciary’s duty is absolute: to act solely in the best interests of the beneficiaries. It is the highest duty of loyalty the law recognizes.
When a fiduciary fails in this duty, beneficiaries have the right to hold them accountable in Surrogate’s Court. This can happen in several ways:
- Self-Dealing: The executor sells estate property to themselves at a below-market price or invests estate funds in their own business.
- Improper Accounting: The fiduciary fails to provide a clear, transparent accounting of the estate’s assets, debts, and distributions. Beneficiaries are entitled to know how the estate is being managed.
- Negligence: The executor fails to prudently manage estate assets, allowing property to fall into disrepair or making speculative investments that lose value.
In these cases, our firm may petition the court to compel an accounting, suspend the fiduciary’s powers, or have them removed entirely and surcharged for any financial harm caused to the estate. Stewardship is an active responsibility, and the court does not take breaches of fiduciary duty lightly.
The Litigation Process in Practice
Whether contesting a will or holding a fiduciary accountable, the process begins with understanding who has the right to bring a challenge. Under New York’s Surrogate’s Court Procedure Act (SCPA) §1410, only parties with a direct financial interest that would be harmed by the will’s admission to probate can file objections. You cannot object simply on principle; you must have standing.
Once objections are filed, the case enters a discovery phase where we gather evidence. We may take depositions—sworn testimony—from the witnesses to the will, the attorney who drafted it, and the individuals who may have exerted influence. We subpoena medical records, financial statements, and communications that shed light on the testator’s state of mind and relationships.
This is deliberate, methodical work. It is not about courtroom theatrics but about building a case brick by brick from established facts. Most estate litigation matters settle before a full trial, but we prepare every case as if it will be heard by a judge. A well-prepared case, backed by strong evidence, is the most effective tool for reaching a prudent resolution—one that protects the legacy and preserves as much of the estate as possible for the rightful heirs.
If you are responsible for defending a family member’s will or are a beneficiary concerned about an executor’s actions, the first step is to organize all relevant documents—wills, trust instruments, and any correspondence. Schedule a confidential review with our firm to analyze the situation and discuss the appropriate course of action in Surrogate’s Court.
