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When a loved one passes away, the expectation is that their wishes will be carried out as written. However, sometimes family members question whether a will or trust truly reflects their wishes. Disagreements can quickly escalate into legal disputes, and in New Jersey, the law provides specific grounds and procedures for contesting these documents. Understanding what’s involved can help you protect your rights and make informed decisions about the future.
What Does It Mean to Contest a Will or Trust?
A contest happens when someone challenges the validity of a will or trust in court. This usually occurs during probate or trust administration, when documents are reviewed and assets are distributed. A successful contest can change how property is divided or even set aside the entire document.
Grounds for Contesting in New Jersey
Not every disagreement qualifies as a legal challenge. In New Jersey, the following are the most common grounds:
- Lack of testamentary capacity: Arguing the person did not understand what they were signing or the effect of the document.
- Undue influence: Claiming that someone pressured or manipulated the person into making certain decisions.
- Improper execution: Pointing out that the will or trust does not meet New Jersey’s formal requirements, such as witness signatures.
- Fraud or forgery: Alleging the document is fake or that the person was deceived into signing it.
- Revocation: Showing that the will or trust was revoked by a later document.
How to Prepare if You’re Facing a Contest
If you believe a will or trust should be challenged, or you’re defending one from challenge, preparation is key. Here are steps you can take:
- Collect documents and records: Gather copies of the will or trust, prior estate planning documents, and any medical records that may show mental capacity.
- Identify witnesses: Think about people who can testify about the person’s state of mind or whether they were pressured.
- Review timelines: In New Jersey, contests must usually be filed quickly after probate begins, often within a matter of months. Missing deadlines can bar your claim.
- Assess your goals: Decide whether you want the entire will or trust set aside or just a portion changed.
The Role of the Court
Will contests are generally handled in the Chancery Division of the Superior Court, Probate Part. The court examines evidence, hears testimony, and ultimately decides whether the will or trust stands. These cases can be lengthy, so understanding the process ahead of time helps set expectations.
How We Can Help
At Bozanian McGregor, LLC, we know how deeply personal these disputes can be. We will help you understand your rights, explain the possible outcomes, and prepare the strongest case possible. Our team supports clients through every step of a contested will or trust in New Jersey, whether you’re raising a challenge or defending one.
Protecting Your Interests in New Jersey Will and Trust Disputes
Facing a contested will or trust in New Jersey can feel daunting, but you don’t have to go through it alone. With the right preparation and support, you can protect your loved one’s intentions and your own interests. If you have questions about a potential contest, contact Bozanian McGregor, LLC to discuss your situation and learn how we can help.
FAQ: Contested Wills & Trusts in New Jersey
1. What does it mean to contest a will in New Jersey?
It means filing a legal challenge to the validity of a will, often based on claims of lack of capacity, undue influence, fraud, or improper execution.
2. How long do I have to contest a will in New Jersey?
In most cases, you must file a will contest within four months of probate beginning, or six months if you live outside New Jersey.
3. Can a trust be contested in New Jersey?
Yes. Trusts can be challenged on similar grounds as wills, such as undue influence, lack of capacity, or improper creation of the trust.
4. Do I need an attorney to contest a will or trust?
While not legally required, working with an attorney is strongly recommended because will and trust contests involve complex laws and strict deadlines.