Can I Contest a Will?

Losing a loved one is difficult enough. The process of managing their estate can make that emotional time even harder, especially when you suspect something is not right about the will they left behind. In New Jersey, you may have the right to contest a will under certain circumstances. However, doing so is rarely simple. Read on and reach out to the dedicated estate litigation lawyers in Sussex County at Gruber, Colabella, Thompson, Hiben & Montella to learn more about how you can contest a will and how we can guide you through the process. Here are some of the questions you may have:

When Can a Will Be Contested in New Jersey?

Not every will can be contested just because a beneficiary is unhappy with the terms. Under New Jersey law, there must be valid legal grounds to challenge the will’s legitimacy. The most common reasons for contesting a will include undue influence, fraud, lack of testamentary capacity, or improper execution.

Undue influence occurs when someone close to the deceased pressures them into changing their will for that person’s benefit. This influence must be strong enough that it overcomes the free will of the person making the will. Fraud involves tricking the testator (the person who made the will) into signing something they didn’t understand or agree to. Lack of testamentary capacity means the person lacked the mental ability to understand the nature and consequences of creating or changing their will. Finally, improper execution refers to situations where the will was not signed or witnessed according to New Jersey’s legal requirements.

Who Can File a Will Contest?

In New Jersey, not just anyone can challenge a will. You must have what is called “standing” to file a contest. This typically means you are someone who would have inherited from the estate if the will did not exist, or that you were named in a prior will but are left out or disadvantaged by the most recent one. If you are not directly affected by the will, you generally cannot bring a legal challenge.

Because of the complexities involved in proving legal grounds and establishing standing, it is usually wise to consult an experienced estate litigation attorney before taking any action. A lawyer can review the facts of your case and help determine whether contesting the will is a realistic option.

What Is the Process for Contesting a Will?

The process begins by filing a formal complaint with the appropriate New Jersey court. Typically, you must act quickly because New Jersey imposes strict deadlines for filing a will contest. In most cases, you have only four months from the date the will is admitted to probate, or six months if you live out of state. The court will review the evidence you provide, which may include testimony, medical records, or documentation of suspicious circumstances.

Will contests can be emotionally charged and sometimes divide families further. However, when you have genuine concerns about the fairness or validity of a will, pursuing legal remedies may be the right choice.

If you have additional questions or would like to contest a will you believe is invalid, simply contact Gruber, Colabella, Thompson, Hiben & Montella for assistance today.