The 2025 Guide to Contesting a Will in Long Island (Nassau & Suffolk): A NY Attorney’s Playbook
If you are reading this, you likely suspect that something is wrong. A loved one has passed away in Long Island, and the Last Will and Testament being presented to the court does not reflect their true wishes. Perhaps they were ill and vulnerable. Perhaps a caregiver or a sibling exerted sudden, intense pressure. Or perhaps the document itself looks… wrong.
As a New York probate litigation attorney with over 30 years of experience, I, Russel Morgan, have stood in the courtrooms of Mineola (Nassau) and Riverhead (Suffolk) hundreds of times. I have handled over 1,000 estate cases. I know that contesting a will in Long Island is not just a legal argument; it is a high-stakes battle for your family’s legacy.
In 2025, with real estate values in Nassau and Suffolk Counties reaching historic highs, the incentives for fraud and undue influence have never been greater. This guide is your roadmap. It will explain exactly how a will is contested in the Long Island Surrogate’s Courts, the specific legal grounds you must prove, and the strategic steps—like the critical “1404 Examination”—that we use to expose the truth.
The Battlefield: Nassau vs. Suffolk County Surrogate’s Courts
Contesting a will is not a generic process. It happens in a specific venue. In Long Island, jurisdiction is determined by where the decedent lived (was “domiciled”) when they died.
Nassau County Surrogate’s Court
Located in Mineola, this court handles estates for residents of towns like Great Neck, Garden City, and Levittown. It is known for being meticulous and efficient, but it requires strict adherence to procedural rules. The judges here have little patience for baseless claims, which is why having an experienced attorney is non-negotiable.
Suffolk County Surrogate’s Court
Located in Riverhead, this court covers a massive geographic area from Huntington to Montauk. It handles extremely diverse estates, from middle-class homes to the ultra-high-net-worth estates of the Hamptons. The “Hamptons Effect” means we often see multi-million dollar battles over summer homes, involving complex valuations and high-profile families.
At Morgan Legal Group, we practice in both courts daily. We know the clerks, the procedures, and the nuances that can make or break a case.
Step 1: Do You Have “Standing”? (The Ticket to the Fight)
You cannot contest a will just because you think it is unfair. You must have legal “standing.” In New York (SCPA § 1410), you have standing only if you have a financial interest that is harmed by the will.
You generally have standing if:
- You are a “Distributee”: This is the legal term for next-of-kin (spouse, children, parents). If there were *no* will, you would inherit under New York’s intestacy laws. If the will cuts you out or gives you less than your intestate share, you have standing.
- You are a Beneficiary of a Prior Will: If a 2020 Will left you $1 million, and the new 2025 Will leaves you $10,000, you have standing to challenge the 2025 Will to reinstate the 2020 Will.
If you are a neighbor or a friend who was never in a will and is not related by blood, you likely do *not* have standing, no matter how close you were. Determining standing is the first thing we do in a consultation.
Step 2: The “1404 Examination” (The Most Powerful Tool in NY Law)
This is the step that separates New York from many other states. Before we even file formal “Objections” (the lawsuit) to the will, we have the right to conduct SCPA 1404 Examinations.
This is essentially a “free look” at the evidence. We can depose (interview under oath):
- The Attorney Draftsperson: The lawyer who wrote the will. We grill them: “Did the decedent speak to you alone? Did the beneficiary drive them to your office? Did they seem confused?”
- The Attesting Witnesses: The people who signed the will. We ask: “How long was the meeting? Did you know the decedent? Was the decedent wearing their hearing aid?”
Why This Matters: Based on our 1,000+ cases, the 1404 Exams are often where we win the case. We find the cracks in the story. We discover that the “lawyer” was actually hired by the beneficiary, not the decedent. We discover the witnesses didn’t actually see the person sign. If we find “smoking gun” evidence here, we can often force a settlement before a trial ever begins.
Step 3: The 4 Legal Grounds for Contesting a Will
Once we have gathered evidence, we must file formal Objections based on specific legal grounds. In Long Island courts, these are the four arguments that win.
Ground #1: Lack of Testamentary Capacity (They Didn’t Know What They Were Doing)
You must prove that at the *exact moment* the will was signed, the decedent did not understand:
- The nature and extent of their assets (e.g., they forgot they owned a house in the Hamptons).
- Who their “natural objects of bounty” were (e.g., they forgot they had children).
- The consequences of signing the will.
The Evidence We Use: We subpoena medical records. Was there a diagnosis of dementia or Alzheimer’s? Was the person on heavy painkillers or sedatives? We use expert medical witnesses to reconstruct the decedent’s mental state.
Ground #2: Undue Influence (The #1 Reason for Contests in 2025)
This is the most common and insidious ground. It occurs when a “bad actor” (a child, a caregiver, a new spouse) exerts so much pressure and manipulation that they overpower the decedent’s free will. The will reflects the manipulator’s wishes, not the decedent’s.
The Signs of Undue Influence in Long Island:
- Isolation: The bad actor cut the decedent off from other family members (blocking calls, changing locks).
- Dependency: The decedent relied on the bad actor for food, medicine, or transport to the lawyer.
- Sudden Change: A long-standing estate plan was changed weeks before death to favor one person.
- The “New” Lawyer: The decedent didn’t use their family attorney of 20 years but used a lawyer selected by the bad actor.
Ground #3: Due Execution (They Didn’t Follow the Rules)
New York has strict formalities for signing a will (EPTL 3-2.1).
- It must be in writing.
- It must be signed at the end.
- There must be two witnesses.
- The testator must declare “this is my will” (publication).
- The witnesses must sign within 30 days of each other.
If the will was a “DIY” will or done without a lawyer, it often fails this test. If we can prove the formalities weren’t followed, the will is thrown out instantly. This is a technical knockout.
Ground #4: Fraud or Forgery
Fraud: The testator was lied to. “Mom, sign this, it’s just the insurance form,” but it was actually a Will. Or, “Your son hates you and stole from you,” (a lie) causing Mom to disinherit the son.
Forgery: The signature isn’t theirs. We use handwriting experts to prove this.
The “In Terrorem” Clause (The No-Contest Scare Tactic)
Many wills contain a “No-Contest Clause” (In Terrorem Clause). It says: “If any beneficiary contests this will, they get NOTHING.”
Do Not Be Afraid (Yet).
In New York, this clause is *not* triggered by a 1404 Examination. You have the statutory right to depose the witnesses and the lawyer to see if the will is valid *without* losing your inheritance. The clause only kicks in if you file formal Objections and *lose*. As expert probate attorneys, we help you calculate the risk: is the evidence strong enough to risk the bequest?
The Timeline and Cost of a Long Island Will Contest
We believe in transparency. Contesting a will is not quick or cheap.
- Timeline: A contest in Nassau or Suffolk can take 1 to 3 years. The courts are backed up.
- Cost: It involves depositions, expert witnesses, and extensive legal work. However, if we are successful, the result is often the recovery of a multi-million dollar inheritance that would have otherwise been stolen.
How Morgan Legal Group Wins These Cases
We do not dabble in this; we specialize in it. With over 1,000 cases, we have developed a proprietary approach to probate litigation.
1. Aggressive Discovery: We don’t just look at the will. We subpoena bank records, medical files, emails, and text messages. We find the paper trail of the manipulation.
2. Local Knowledge: We know the specific procedures of the Nassau and Suffolk Surrogate’s Courts. We know what the judges expect.
3. Strategic Negotiation: Most will contests settle. We build a case so strong that the other side is forced to come to the table and offer a fair settlement to avoid trial.
Case Study: The Hamptons “Nurse”
We represented the children of a wealthy Suffolk County resident. In the last year of his life, suffering from dementia, he signed a new will leaving his $5M Southampton home to his private nurse.
Our Action: We used the 1404 Exams to prove the nurse isolated him. We subpoenaed medical records showing he lacked capacity on the day of signing.
The Result: We forced a settlement where the nurse received a nominal amount, and the $5M home was returned to the children. Without our intervention, the legacy would have been lost.
Conclusion: The Time to Act is Immediately
If you suspect foul play, you are on a clock. Once the will is admitted to probate and assets are distributed, it is almost impossible to get them back. You must act *before* the court issues “Letters Testamentary.”
Your family’s legacy is worth fighting for. Do not let a fraudster or a moment of weakness destroy what took a lifetime to build. Schedule a consultation with Morgan Legal Group today. We serve clients across Long Island, from Garden City to the East End. Let us review the facts and tell you if you have a case.
For more information on the specific rules of the local courts, you can visit the Nassau County Surrogate’s Court or the Suffolk County Surrogate’s Court websites.
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