1. Will and testament lawyer New York: Background of the Dispute
The decedent lived with his spouse for two years before his passing and relied entirely on her for caregiving after being diagnosed with late-stage lung cancer.
During this period, all contact with his adult children ceased.
After his death, the children suddenly asserted rights over the real property and demanded production of the will, prompting the spouse to retain a will and testament lawyer experienced in New York probate litigation.
Key Facts and Early Case Assessment
Under New York law, handwritten wills(holographic wills) are recognized only in narrow circumstances, so the legal team focused on establishing the document’s validity through strict compliance with EPTL formalities, handwriting verification, and evidence of the decedent’s mental capacity.
By developing a comprehensive evidentiary record and countering each challenge raised by the children, the will and testament lawyer ensured the widow retained her rightful interest in the inherited property.
The lawyer’s first task was determining whether the handwritten will could be admitted to probate under New York law.
Although holographic wills are generally limited to members of the armed forces or mariners at sea, New York Surrogate’s Courts may still evaluate handwritten documents as expressions of testamentary intent if they meet the statutory requirements for execution.
The spouse also possessed a notarized “statement of intent” that the decedent had prepared when his illness progressed, which became a crucial piece of the evidentiary record.
2. Will and testament lawyer New York: Establishing Validity of the Will
Because the children challenged the will’s authenticity, the attorney focused on creating an irrefutable evidentiary foundation demonstrating that the document reflected the decedent’s free and voluntary act, made with full mental capacity.
The legal team conducted a detailed comparison between the will and multiple handwritten materials from the decedent, including medical intake forms, financial documents, and personal correspondence.
A forensic examiner authenticated the writing and signature, confirming that both were consistent with the decedent’s established handwriting characteristics.
This step allowed the will and testament lawyer to counter the children’s argument that the document was fabricated or executed under duress.
Demonstrating Testamentary Capacity and Free Will
To demonstrate testamentary capacity under New York standards, the attorney obtained:
The record also showed no coercion or undue influence.
The decedent’s voluntary separation from his children, combined with the spouse’s continuous caregiving, supported his clear intent to transfer his real property solely to her.
3. Will and testament lawyer New York: Strategic Litigation Response to the Children’s Claims
The children asserted broad inheritance rights under intestacy rules, claiming the will was invalid.
The attorney approached the dispute through a structured litigation strategy grounded in New York EPTL provisions.
The lawyer emphasized that intestacy applies only when no valid will exists.
Because the decedent’s document expressed a clear and unmistakable testamentary intent, the court was obligated to give effect to his written wishes.
The attorney also highlighted the children’s long-term estrangement and lack of involvement in the decedent’s care, diminishing the credibility of their objections.
Securing the Spouse’s Rights Over the Real Property
After demonstrating compliance with legal formalities, authenticity, and capacity, the lawyer petitioned for probate and successfully argued that the spouse should receive:
The Surrogate’s Court admitted the will to probate, and the widow retained her full property rights without agreeing to any concessions or settlements.
11 Dec, 2025
