Legal Question in Wills and Trusts in New York

Re: Possible Will Change

Yes, it may be possible to contest a Will, even after signing a waiver. Newly discovered facts (e,g, coercion) and an improperly drafted waiver are just two scenarios where the Court may still allow a Will contest. You should speak with an attorney to discuss all the surrounding facts and circumstances.

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Re: Possible Will Change

Before any opinion can be given, the "waiver" you signed and any other supporting documents have to be reviewed. The contents of what you signed and the conditions and facts surrounding the event would be relevant to your current rights. Call for an appointment and then I can try to help you. If you mention LawGuru the first half hour is free.

Re: Possible Will Change

Not having seen the Waiver at issue, my response will be general, since I do not know many needed facts, such as if you were given a copy of the Will when you were asked for the Waiver? While the giving of a Waiver might be a defense to a later contest, if the Waiver were incorrect, misrepresented facts, or may have been obtained improperly, a Judge can ignore it. If you can prove your statements (there may have been coercion in making the Will, the Waiver was incorrect, you were not given a copy of the Will, etc.), you have a good shot at overturning having given the Waiver and then contesting the Will itself. I suggest the entire matter be reviewed by a good NY estate attorney.