In New Jersey, interested parties can challenge the validity of a deceased person's last will and testament, but they must adhere to strict standards imposed by state law. Will contests are often complex and emotionally charged, but initiating a challenge might be necessary to ensure that the decedent’s true intentions are honored. Understanding the legal grounds and process for contesting a will in New Jersey is crucial for anyone considering such an action.  

To contest a will successfully in New Jersey, you must have valid legal grounds. The following types of allegations trigger most probate disputes:

• Lack of testamentary capacity

• Undue influence

• Fraud or forgery

• Improper execution

Someone who objects to a testamentary document typically only has four months from the date of probate to file a complaint with the Superior Court. For non-residents, the timeframe is six months. This proceeding must be brought in the county where the will was probated. The complaint should outline the grounds for contesting the will. 

A party who is challenging the terms of the filed will has the burden of demonstrating that the document should not be enforced as written. Once the complaint is filed, the court will evaluate the evidence presented by both the challenger and the proponents of the will. This may involve depositions, witness testimony and the examination of medical records if the contest is based on issues like lack of capacity or undue influence.

Many testators include a penalty clause in their will which states that someone who contests the validity of the document forfeits their right to any inheritance from the estate. However, New Jersey law holds that a penalty clause will not be enforced if probable cause exists for the challenge. 

If the court finds the will to be invalid, it may be set aside in whole or in part. The estate will then be distributed according to the terms of a prior valid will, or if no such will exists, according to New Jersey’s intestacy laws.

When you believe a loved one’s will does not reflect their true intentions, it’s time to consult with an experienced estate litigation attorney at Parsons & Nardelli. We can describe how the law applies to your case and represent you if you choose to move forward with a will contest. From our office in Red Bank, we serve clients throughout New Jersey. If you’re considering challenging a recently probated will, please call 888-309-5589 or contact us online to make an appointment.