Being left out of a loved one’s will or seeing unexpected changes can leave family members wondering whether the document is valid. In New Jersey, contesting a will involves more than disagreeing with how an estate was divided. A will can generally be challenged only if there is evidence that it is legally invalid, such as undue influence, lack of testamentary capacity, fraud, improper execution, or the existence of a newer valid will.
What Are the Most Common Grounds for Contesting a Will?
A properly executed will is generally presumed to be valid. The person contesting it must present evidence showing why the court should not enforce it. While the legal basis for every challenge is different, the most common claims involve a person’s mental capacity, whether someone improperly influenced the creation of the will, whether fraud occurred, whether the will was properly executed, or whether a newer valid will exists.
The following are the most common reasons wills are contested.
Lack of Testamentary Capacity
To create a valid will, a person must have the mental ability to understand what they are signing. They should generally understand the nature of their property, who would ordinarily inherit from them, and how the will distributes their assets.
A diagnosis of dementia or Alzheimer’s disease does not automatically invalidate a will. Instead, the court considers the person’s mental condition when the document was signed, often reviewing medical records and witness testimony.
Undue Influence
Undue influence occurs when someone pressures or manipulates another person into making decisions that do not reflect their own wishes.
This issue may arise when a caregiver or family member becomes the primary beneficiary, someone isolates the testator from loved ones, or major changes are made to a long-standing estate plan shortly before death.
Courts look at the overall circumstances to determine whether the person acted independently or whether another individual improperly influenced the outcome.
Fraud or Forgery
A will may also be challenged if it was created through fraud or contains a forged signature.
For example, someone may claim the deceased was misled about what they were signing or that the document was altered after it was executed. Courts evaluate these claims using witness testimony, document analysis, and other available evidence.
Improper Execution
New Jersey law establishes specific requirements for executing a valid will. If required signatures or witness procedures were not properly completed, the will may be challenged. These rules help ensure the document reflects the person’s genuine wishes and was signed voluntarily.
Not every technical mistake makes a will invalid, but the court will determine whether the legal requirements were satisfied.
Does a Newer Will Replace an Older One?
Sometimes the dispute is not whether a will is valid, but whether it is the most current version.
If multiple wills exist, the probate court determines which document represents the person’s final legally valid wishes. A properly executed newer will generally replaces an earlier one.
How Do Courts Evaluate a Will Contest?
Courts evaluate will contests by examining the available evidence rather than relying on assumptions or family disagreements. Depending on the issues involved, the court may consider:
- Medical records
- Witness testimony
- Estate planning documents
- Financial records
- Testimony from the attorney who prepared the will
The judge evaluates the complete picture rather than relying on a single fact. For example, a last-minute change to a will may raise questions, but it does not automatically prove the document is invalid.
Can You Contest a Will Because It Seems Unfair?
New Jersey law gives people broad authority to decide how they want their assets distributed. They are not required to divide an estate equally among their children or other beneficiaries.
A court will not invalidate a will simply because someone expected a larger inheritance or disagrees with the decisions that were made. There must be a recognized legal basis for the challenge supported by evidence.
Protect Your Rights During a Will Dispute
Whether you believe a loved one’s will does not reflect their true intentions or you need to defend the validity of a will, obtaining legal guidance early can make a meaningful difference. Elton John Bozanian, Esq. helps New Jersey families evaluate potential will contests, explain their legal options, and represent their interests throughout the probate process. Contact our office today to discuss your situation and learn how we can help.