PODCASTEpisode 27 – Will Contests: When Family Fights Back
Signing a will in New York is relatively easy—contesting one is extremely hard.
In this episode, Dave Shaffer and Hannah Cannon explore the legal parameters for challenging a will in New York State. While executing a valid will requires just a written document, the testator's signature, and two disinterested witnesses, overturning that will after someone's death requires proving extraordinary circumstances. The burden of proof falls squarely on the person contesting the will, and the bar is high.
Dave and Hannah break down the most common grounds for contesting a will and explain why undue influence claims are particularly difficult to prove. The episode also covers no-contest clauses—provisions that disinherit anyone who challenges the will. While these clauses are valid in New York, courts scrutinize them carefully and allow interested parties to conduct limited discovery to ensure there truly was no funny business. The conversation wraps up with a "Show and Tell" segment analyzing the Hollywood thriller Knives Out, where a wealthy crime novelist cuts out his entire family and leaves everything to his nurse.