In New Jersey, a will can be contested if there are legal grounds to challenge its validity. Common reasons include undue influence, fraud, lack of testamentary capacity, or improper execution. The process typically involves filing a formal objection in probate court, presenting evidence, and attending hearings to determine whether the will should be upheld or invalidated.
Only certain individuals, such as beneficiaries, heirs, or those with a direct financial interest, have the legal standing to contest a will. The burden of proof rests on the challenger, who must provide clear and convincing evidence that the will does not accurately reflect the deceased person’s true intentions. Given the complexities involved, working with a legal professional may provide valuable guidance in handling the procedural and evidentiary requirements of a will contest.
Read this guide by The Matus Law Group to learn more about will contests.
Grounds for Contesting a Will
In New Jersey, four main grounds can lead to the contestation of a will:
- Lack of Testamentary Capacity: A common reason to contest a will is to assert that the person who made the will (the testator) lacked the mental capacity to understand the nature of their estate or make decisions about the distribution of their property at the time of executing the will. To prove this, the contestant must present clear evidence of the testator’s inability to understand their property’s nature, extent, and value or the beneficiaries receiving the property.
- Undue Influence: Undue influence occurs when a person uses their power or influence over the testator to manipulate them into altering the distribution of their estate to benefit the influencer. The contestant must prove that the testator was subjected to improper influence and that this testator did not act on his own accord when they made the will.
- Fraud: Contesting a will on the grounds of fraud means asserting that the testator was deceived or misled into executing the will under pretenses. This can include a beneficiary lying about their relationship to the testator or making false promises to convince them to change their will.
- Execution Formalities: A will can be contested if it fails to follow the required execution formalities outlined in New Jersey’s probate laws, such as the will not being properly signed, dated, or witnessed.
If you suspect that a will is invalid due to any of the aforementioned grounds, you may have the right to contest it. However, contesting a will can be a complex legal process that requires substantial evidence and legal experience. Remember, contesting a will should not be taken lightly and requires careful consideration before pursuing legal action.
| Grounds for Contestation | Description |
|---|---|
| Lack of Testamentary Capacity | Contesting a will based on the claim that the testator lacked the mental capacity to understand the nature of their estate or make decisions about property distribution at the time of execution. Proof requires evidence of the testator’s incapacity. |
| Undue Influence | Contesting a will on the grounds of undue influence, where a person manipulated the testator to change the estate distribution for the influencer’s benefit. Requires proof of improper influence and lack of independent decision-making by the testator. |
| Fraud | Contesting a will due to fraud, alleging that the testator was deceived or misled into executing the will under false pretenses. Examples include false promises or misrepresentation of the beneficiary’s relationship to the testator. |
| Execution Formalities | Grounds for contestation when a will does not follow required execution formalities outlined in New Jersey’s probate laws, such as improper signing, dating, or witnessing. |
Who Can Contest a Will?
In New Jersey, only individuals with a “legally recognized interest” will have the legal right to contest it. These parties, known as “interested persons,” generally include the following:
- Heirs-at-law: The individuals entitled to inherit from the deceased person under state intestacy laws if there is no will, typically immediate family members like a spouse or children.
- Beneficiaries: The persons named as beneficiaries in the will, regardless of whether they are related to the deceased person.
- Creditors: Individuals or companies that the deceased person owed money to at the time of death.
If you are an heir-at-law, beneficiary, or creditor with a legally recognized interest in contesting a will, it’s essential to gather all relevant evidence and documentation to support your case.
Steps in the Will Contest Process
Contesting a will is a complex process that involves the following steps:
- Filing a caveat: In New Jersey, a prospective contestant can file a “caveat” with the probate court, which blocks the probate process until the court resolves the will contest.
- Engage legal counsel: Contesting a will is a complicated process that usually requires the assistance of an experienced wills attorney.
- Gather evidence: The contestant must gather evidence to support their grounds for contesting the will, such as medical records, expert witness testimony, or information on the will’s execution.
- File a complaint: The contestant files a formal complaint with the probate court, outlining the grounds for contesting the will and requesting the court to declare it invalid.
- Discovery: Both parties engage in the discovery process to gather more evidence and information about the case.
- Trial: If the case cannot be resolved through negotiation or mediation, it may proceed to a trial where a judge will hear the evidence and make a decision regarding the validity of the will.
Contesting a will is a difficult and often emotional process that requires a significant amount of time and resources. It is essential to engage the services of a skilled wills attorney who can guide you through each step of the process and provide you with the support and advice you need to protect your interests.
Effect of Successfully Contesting a Will
If a will is successfully contested in New Jersey, the court may declare the will invalid. This can have several possible outcomes:
- If there is a previous valid will, the court may give effect to that will instead, and the estate would be distributed following the terms of the prior will.
- If there is no other valid will, the estate will be distributed following the state intestacy laws, which generally provide for a distribution to the deceased person’s spouse, children, or other closest relatives.
- If fraud or undue influence is proven, the court may disinherit any beneficiary who has engaged in such behavior and redistribute their share of the estate to the other beneficiaries or heirs-at-law.
In any case, successfully contesting a will can have significant implications on the distribution of the estate and the beneficiaries involved.
Seeking Top-Rated Legal Guidance in New Jersey
Challenging a will in New Jersey can be a legally complex and emotionally sensitive process. It often involves intricate legal requirements, family disputes, and the need for substantial evidence to support the claim. Understanding the specific grounds for contesting a will—such as undue influence, fraud, or lack of testamentary capacity—is essential for anyone considering this legal step. Taking an informed and strategic approach can help individuals address concerns while also considering the impact on family relationships.
For those seeking guidance on estate planning or probate matters, The Matus Law Group provides legal support tailored to individual needs. Contact us today at (732) 785-4453 to schedule a consultation.
