Contesting a will in New Jersey can be a complex and emotionally charged process. Whether you suspect undue influence, fraud, or lack of testamentary capacity, understanding the legal grounds and procedural requirements is essential. This guide explores the key aspects of challenging a will in New Jersey, helping you navigate the process effectively.

At Pedrani Law LLC, we can help you contest or defend a will. We have the years of experience needed to help you.

Legal Grounds for Contesting a Will

In New Jersey, there are specific legal grounds under which a will can be contested. These include:

Lack of Testamentary Capacity

A will may be challenged if the testator (the person who made the will) lacked the mental capacity to understand the nature of their estate or the consequences of their decisions at the time of signing. Evidence such as medical records or witness testimony may be required to prove this claim.

Undue Influence

Undue influence occurs when someone exerts excessive pressure on the testator, manipulating them into making decisions that do not reflect their true intentions. This often involves exploiting a position of trust or authority. Sudden changes in beneficiary designations or significant alterations favoring non-family members may indicate undue influence.

Fraud

Fraud involves deceiving the testator into signing a will under false pretenses. For example, a beneficiary might misrepresent facts or make false promises to manipulate the testator's decisions.

Improper Execution

A will must comply with New Jersey's legal requirements for execution, including proper signing, dating, and witnessing. Failure to meet these formalities can render the will invalid.

Who Can Contest a Will?

Not everyone has the legal standing to contest a will. In New Jersey, only individuals with a direct financial interest in the estate can challenge its validity. These include individuals such as beneficiaries, heirs, or creditors. The burden of proof lies with the challenger, who must provide clear and convincing evidence to support their claims.

Time Limits for Contesting a Will

New Jersey imposes strict time limits for filing a will contest. Generally, you have four months from the date the will is admitted to probate to file your challenge. For individuals residing outside of New Jersey, this period extends to six months. Missing these deadlines can result in losing your right to contest the will.

The Process of Contesting a Will

The process of contesting a will typically involves the following steps:

1.      Filing a Formal Objection: To initiate a will contest, you must file a formal objection in the probate court where the will was admitted. This document outlines the grounds for your challenge and provides supporting evidence.

2.      Gathering Evidence: Evidence is crucial for proving your claims. This may include medical records, witness testimony, financial documents, or correspondence that supports your case.

3.      Court Hearings: The probate court will hold hearings to evaluate the evidence presented by both parties. This may involve depositions, cross-examinations, and expert testimony.

4.      Resolution: If the court finds the will invalid, it may be set aside in whole or in part. The estate will then be distributed according to the terms of a prior valid will or New Jersey's intestacy laws if no such will exists.

Get Assistance with Challenging a Will in New Jersey

Contesting a will in New Jersey requires careful consideration and a thorough understanding of the legal grounds and procedural requirements. By acting promptly, gathering compelling evidence, and seeking professional legal guidance, you can navigate this challenging process effectively. If you suspect a will does not reflect your loved one's wishes, consult with an experienced attorney to explore your options.

Our team at Pedrani Law, LLC can assist you in contesting or defending a will. Contact us today for a consultation.