What grounds exist for contesting a will in New York?

What the Law Says

New York law sets strict requirements for a valid will and defines specific legal grounds on which a will may be challenged in Surrogate’s Court.

A will may be contested in New York if the person making it (the testator) lacked testamentary capacity — meaning they did not understand the nature of their property, the natural objects of their bounty (e.g., family members), or the disposition they were making. This is governed by EPTL § 3-2.1.

Undue influence — where someone overpowers the testator’s free will to benefit themselves — is another common ground. Courts examine whether the influencer had a confidential relationship with the testator and participated in the will’s preparation or execution.

Fraud or duress may also invalidate a will: fraud involves deception about the document’s nature or contents; duress means the testator acted under coercion or threat. Both must be proven by clear and convincing evidence.

Finally, a will fails if not executed properly: under EPTL § 3-2.1, it must be signed by the testator (or by another in their presence and at their direction), and witnessed by at least two individuals who sign within 30 days of each other and in the testator’s presence.

Statutory Text

Every person eighteen years of age or over, of sound mind and memory, may make a will.

— EPTL § 3-2.1 — Who may make a will

Statutory Text

A will is not valid unless it is in writing and subscribed by the testator… and attested by at least two witnesses.

— EPTL § 3-2.1 — Execution of will

What to Do

Sources