Who is eligible to contest a will in New Jersey?

Only individuals with a legally recognized interest—such as heirs-at-law, beneficiaries, or creditors—can contest a will. This eligibility ensures that only those directly affected by the distribution of the estate have standing in court. It is essential for these interested persons to gather all relevant documentation before proceeding.

What are the common grounds for contesting a will?

The common grounds for contesting a will include undue influence, fraud, lack of testamentary capacity, and failure to adhere to proper execution formalities. Each ground requires clear and convincing evidence that the will does not reflect the testator’s true intentions. Contestants must provide detailed proof to support their claims during the probate process.

How is undue influence defined in the context of contesting a will?

Undue influence is defined as the improper manipulation of the testator, which forces them to change the distribution of their estate for the benefit of another. This influence compromises the testator's ability to make independent decisions about their estate. Contestants must prove that the testator did not act voluntarily due to this external pressure.

What evidence is needed to contest a will on the grounds of lack of testamentary capacity?

Contesting a will on the grounds of lack of testamentary capacity requires evidence that the testator did not fully understand the nature and extent of their estate. Medical records, testimony, or witness statements can serve as supporting evidence. The evidence must clearly demonstrate the testator’s incapacity at the time of executing the will.

What role does fraud play in contesting a will?

Fraud involves allegations that the testator was deceived or misled into executing the will under false pretenses. This can include misrepresentation or false promises that directly influenced the testator’s decisions. To contest a will on this basis, substantial evidence must be provided to show that fraud occurred and affected the will's validity.

What are the steps involved in the will contest process?

The process begins with filing a caveat in the probate court to temporarily halt the distribution of the estate. After filing, the contestant must engage legal counsel, gather evidence, and file a formal complaint outlining the grounds for contesting the will. The case then proceeds through discovery and, if unresolved, to a trial where a judge makes the final determination.

What is the impact of successfully contesting a will on estate distribution?

Successfully contesting a will may result in the court declaring the will invalid, thereby altering the distribution of the estate. If a previous valid will exists, that will may be enforced instead, or the estate may be distributed according to state intestacy laws. Additionally, proven fraud or undue influence could lead to the disinheritance of a beneficiary.

How can The Matus Law Group help you with contesting a will in New Jersey?

At The Matus Law Group, we specialize in navigating the complex process of contesting a will and safeguarding your rights. We work closely with you to gather essential evidence, understand your legal standing, and develop a robust strategy tailored to your situation. Our dedicated team is committed to providing guidance and ensuring that your interests are fully represented in probate court.

How can you contact The Matus Law Group for assistance with a will contest?

You can contact The Matus Law Group by calling (732) 785-4453 to schedule a consultation with one of our experienced attorneys. We are ready to offer personalized legal guidance tailored to your unique case and needs. Please feel free to reach out during our business hours for prompt and professional assistance.

Contesting a Will in New Jersey

Q: What is a will contest in New Jersey?

A will contest in New Jersey is a legal process where individuals challenge the validity of a will. It involves questioning the circumstances under which the will was executed, such as undue influence, fraud, lack of testamentary capacity, or improper execution. The process requires presenting evidence, filing formal objections, and attending court hearings to determine whether the will should be upheld or invalidated.

Published on: March 19, 2025

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.

Christine Matus