What is a Will Contest?
When you make a will in New Jersey, you will want to do everything you can to ensure that the will is valid and enforceable, and that you have also taken steps to minimize the likelihood of a will contest. What is a will contest? In short, it is a legal term that refers to a party challenging the will. Will contests can occur for various reasons, and two different types of people may be eligible to contest a will. Our New Jersey estate planning attorneys can explain in more detail, and we can also help you to understand ways of creating a will in which you can minimize the likelihood of a will contest.
Who Can Contest or Challenge a Will?
In New Jersey, generally speaking, two different classes of people may be able to challenge or contest a will: 1) parties who are beneficiaries identified in the will; or 2) parties who would gain if the will contest were successful (i.e., someone who would inherit assets if their challenge were successful).
Common Reasons for Will Contests
There are multiple legal grounds under which a will can be contested in New Jersey, including but not limited to the following:
- Lack of capacity, or an argument that the testator did not have legal capacity to make the will (for example, due to dementia or another type of cognitive impairment);
- Undue influence was exerted over the testator when they made the will, meaning that the testator did not make the will or declare the terms or beneficiaries of their own free will (for example, when a caregiver threatens an elderly adult if they do not change the terms of their will);
- Fraud (for example, the testator was tricked into signing the existing will); or
- Legal requirements for a valid and enforceable New Jersey will ultimately were not met (for example, the testator did not have a sufficient number of witnesses sign the will).
How to Minimize the Likelihood of a Will Contest
When you are getting ready to make your will, it is important to do everything you can to minimize the likelihood that someone challenges your will after your death. There are numerous steps you can take, including but not limited to:
- Creating a will with an experienced Summit estate planning attorney;
- Discussing the details of your will with all of the beneficiaries and other relevant family members, making your wishes clear; and
- Reviewing your will regularly and updating it when necessary.
Contact a Summit, New Jersey Estate Planning Lawyer
There are many steps you can take during the estate planning process to limit the likelihood of a will contest, and to ensure that your will meets all of the requirements under New Jersey law. While the prospect of a will contest after your death can be disconcerting, it is important to know that will contests are not entirely uncommon, and one of the experienced Summit estate planning lawyers at Dempsey, Dempsey & Sheehan can help you to minimize the likelihood of any disagreements over your will and other estate planning documents. Contact our firm today to find out more about creating a detailed estate plan to give you peace of mind for the future.
Source:
law.justia.com/codes/new-jersey/title-3b/
