New York Law (NYLE) Practice Exam

Who has the right to contest a will?

1. Any interested party

2. Only specified beneficiaries

3. Any family member

4. Only heirs of the estate

The correct answer is: Any interested party

An interested party is defined as someone who has a stake in the outcome of the will, which can include beneficiaries named in the will, potential beneficiaries who would inherit if the will were not valid, and sometimes creditors of the estate. This broad definition ensures that anyone who might be affected by the distribution of the deceased person’s estate can contest the will. In contrast, the other options limit the right to contest the will in ways that are not permissible under New York law. Specified beneficiaries may not encompass all those who have a legitimate interest, and saying that only family members or heirs have this right excludes others who might be impacted, such as those named in the will or those who would stand to inherit under intestacy laws if the will were invalid. Therefore, the most accurate description of who can contest a will under New York law is any interested party, reflecting the comprehensive nature of legal standing in probate matters.