What Are Valid Grounds for Contesting a Will in New Jersey?

Disputes over a loved one’s will can be emotionally draining and legally complex. Families often find themselves in unfamiliar territory when questions arise about whether a will truly reflects the wishes of the deceased. Importantly, there are specific legal grounds upon which a will may be challenged, and understanding these can help individuals decide whether contesting a will is the right step. Continue reading and reach out to the seasoned Sussex County estate litigation lawyers here at Gruber, Colabella, Thompson, Hiben & Montella to learn about the valid grounds to contest a will in New Jersey.

Can I Contest a Will if the Person Lacked the Capacity to Create It?

One of the most common reasons to contest a will is a lack of testamentary capacity. For a will to be valid, the person making it must understand the nature of their assets, the relationships with their heirs, and the consequences of signing the document. If an individual was suffering from advanced dementia, a serious mental illness, or another condition that impaired decision-making, their ability to create a valid will may be questioned. Proving this requires evidence, often in the form of medical records or testimony from those who knew the individual at the time the will was executed.

Can Undue Influence Affect the Validity of a Will?

Another valid ground for contesting a will is undue influence. This occurs when someone pressures or manipulates the testator into making decisions they otherwise would not have made. Influence often comes from individuals in positions of trust, such as caregivers, close relatives, or financial advisors. For example, if a will suddenly and drastically favors one individual to the exclusion of long-standing beneficiaries, it may raise red flags. Proving undue influence can be difficult, as the influencing behavior often happens behind closed doors.

However, courts look carefully at suspicious circumstances, especially when there is a confidential relationship between the influencer and the deceased. Establishing undue influence can result in the contested provisions being set aside so that a more just distribution can occur.

What if the Will Was Executed Improperly or Obtained by Fraud?

In New Jersey, wills must follow certain legal formalities to be valid. Typically, the document must be signed by the testator and witnessed by at least two individuals. If these requirements were not met, the will may be invalid. Beyond procedural defects, fraud is another ground for contesting a will. Fraud could involve someone tricking the testator into signing a document under false pretenses or misrepresenting its contents. In such cases, the court will not allow a fraudulent document to dictate the distribution of the estate. Because fraud strikes at the very foundation of fairness, judges take these allegations extremely seriously.

Contesting a will is not a step that should be taken lightly, but when legitimate concerns exist, the law provides avenues for families to pursue justice. If you suspect that your loved one’s true wishes were compromised, our firm is here to help. Contact Gruber, Colabella, Thompson, Hiben & Montella for an initial consultation today.