What Happens When Someone Contests a Will in New Jersey?
It might sound surprising, but will contests are more common than you might think. When a loved one passes away, emotions can run high, and disagreements over inheritance sometimes follow.
In New Jersey, a person may contest a will if they believe something went wrong during its creation. But not just anyone can challenge a will. Typically, the person must have legal standing, meaning they would benefit if the will were declared invalid.
Common reasons for contesting a will include lack of mental capacity, undue influence, fraud, or improper execution. For example, was the person who made the will fully aware of what they were signing? Or did someone pressure them into making changes?
The most common legal grounds
Not every disagreement leads to a successful challenge. Courts look for specific legal grounds before setting aside a will. Here are some of the most frequent claims:
- Lack of testamentary capacity at the time the will was signed
- Undue influence by another person
- Fraud or forgery
- Failure to follow proper legal formalities under state law
Under N.J.S.A. 3B:3-2, a valid will in New Jersey must meet certain execution requirements, including being in writing and properly witnessed. If those rules are not followed, the will may be vulnerable to challenge.
What does the process look like?
What actually happens once someone decides to contest a will?
Typically, the process begins after the will is submitted to probate. The person challenging the will files a complaint in the Superior Court of New Jersey, Chancery Division, Probate Part. From there, the case can involve gathering evidence, taking depositions, and possibly going to trial. Courts will examine medical records, witness testimony, and other documentation to determine whether the will is valid.
In some situations, the dispute is resolved through settlement before reaching trial. This can save time and reduce stress for everyone involved.
How long do you have to contest a will?
Timing matters more than many people realize. In New Jersey, there are strict deadlines for filing a will contest.
If you are a New Jersey resident, you generally have four months from the date the will is admitted to probate to file a challenge. For out-of-state individuals, the deadline is typically six months.
Missing this window can mean losing the opportunity to contest the will entirely, even if you believe you have a valid claim.
Talk to a lawyer about your next steps
Dealing with a contested will can be complicated and emotionally draining. Whether you are challenging a will or defending one, it is important to understand your rights and options under New Jersey law.
If you need guidance, our experienced Summit estate planning attorneys can help you move forward. At Dempsey, Dempsey & Sheehan, we can review your circumstances guide you throughout next steps in the process. Contact us today to discuss your situation and learn how we can help.
Source:
law.justia.com/codes/new-jersey/title-3b/
