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Contesting a will is never a simple decision. Disputes often arise when family members or beneficiaries believe a will does not reflect the true intentions of the deceased. In New Jersey, courts allow you to challenge a will, but you must have valid legal grounds and follow strict procedures. Below, we’ll walk you through the common reasons wills are contested, the process in our state, and what you can expect if you move forward.
Legal Grounds for Contesting a Will in New Jersey
A will cannot be challenged just because you disagree with its terms. Courts require specific legal reasons, supported by evidence. Common grounds include:
- Undue Influence: If someone pressured or manipulated the person making the will, it may not reflect their true wishes. This often arises when a vulnerable individual is isolated or overly dependent on a caregiver.
- Lack of Capacity: To create a valid will, a person must understand what property they own, who their natural heirs are, and what the will provides. A will may be invalid if the person suffered from dementia or another condition impairing judgment at the time of signing.
- Improper Execution: New Jersey law requires wills to meet certain formalities. For example, most wills must be signed by the testator and witnessed by two people. Failure to follow these rules can invalidate the document.
- Fraud or Forgery: If someone tricked the testator into signing or altered the document without consent, the will may be set aside.
- Revocation: If a newer valid will exists, the older one is not enforceable.
Who Can Contest a Will?
Not everyone has the right to challenge a will. You must have “standing,” which generally means you are:
- A beneficiary named in the will or in a prior will, or
- A legal heir who would inherit under state intestacy laws if no will existed.
This ensures that only those directly affected by the outcome can bring a claim.
The Process of Contesting a Will in New Jersey
Contesting a will involves a structured legal process that takes place in the Surrogate’s Court and, if needed, in Superior Court. Here’s an overview:
- Filing a Caveat: Before the will is admitted to probate, you can file a “caveat” with the Surrogate’s Court. This prevents the will from being automatically accepted until a judge reviews the dispute.
- Filing a Complaint: If the will has already been admitted to probate, you may file a complaint in the Superior Court, Chancery Division, Probate Part.
- Time Limits:
- If you live in New Jersey, you typically have four months from the date of probate to file.
- If you live outside the state, the deadline extends to six months.
- Discovery: Both sides may exchange documents, medical records, and witness testimony. Expert witnesses, such as doctors or handwriting analysts, may also be involved.
- Hearing or Trial: A judge ultimately decides whether the will is valid. Some cases are resolved through settlement, while others go to trial.
Evidence Needed to Support a Claim
Because courts favor honoring a person’s written wishes, the burden of proof falls on the person contesting the will. Useful evidence may include:
- Medical records showing cognitive decline
- Witness statements about suspicious circumstances
- Financial documents pointing to unusual transfers
- Handwriting analysis to detect forgery
- Testimony from caregivers, family, or attorneys
Gathering this information early can make a significant difference in how strong your case appears in court.
What Happens If a Will Is Invalidated?
If the court finds the will invalid, the estate may be distributed according to:
- A prior valid will, if one exists, or
- New Jersey’s intestacy laws, which prioritize spouses, children, and other close relatives.
This can lead to very different results than the contested will provided, which is why challenges are taken so seriously.
Protecting Your Rights in Will Disputes
Contesting a will in New Jersey involves strict timelines, detailed evidence, and emotional family dynamics. At Bozanian McGregor, LLC, we will guide you through each step of the process. Whether you are defending a valid will or challenging one you believe is unfairly influenced, we will help protect your rights and advocate for your interests in court.
If you have concerns about a will, reach out today. We are ready to discuss your options and provide the representation you need.
FAQ Section
Can a no-contest clause prevent me from challenging a will in New Jersey?
Many wills include a “no-contest” or in terrorem clause that threatens to disinherit anyone who files a challenge. In New Jersey, these clauses are generally enforceable, but they won’t apply if you can prove your challenge is brought in good faith and with probable cause.
Will contesting a will affect family relationships?
Disputes over a will often strain family ties. Mediation is sometimes used to reach a resolution outside of court, which may reduce conflict and preserve relationships while still protecting your legal rights.
What happens to the estate during a will contest?
While the dispute is pending, the executor may be limited in distributing assets. Courts typically require assets to remain in the estate until the case is resolved to prevent property from being wrongfully transferred.