New Jersey Wills and Probate Lawyers in Hackensack, New Jersey

 Contesting a Will

When individuals contest a will, more often than not, they believe the will does not reflect the actual intent of their deceased loved one. The party who made the will is called a testator. The party who receives property or a gift through a will is called a beneficiary. A will may be challenged by a beneficiary in its entirety or in part.

Wills in New Jersey

The New Jersey State Legislature and the New Jersey Probate Courts are motivated by a strong principal that the final wishes of a deceased person should be honored without compelling evidence to the contrary. A decision to gift or not to gift is personal. The true motivations and reasons why an individual gives his or her property to someone else will never be truly known. Sometimes even the stated reasons are incorrect.

For purposes of interpretation of the testator’s intent, New Jersey Probate Courts can only rely on the contents of the will to ensure that the testator’s final wishes are executed. If the courts are presented with evidence that someone has tampered or interfered with the testator’s intent, the challenger may assert claims to disregard the offending part of the will or the entire will.

How to Contest a Will in New Jersey

There are two main ways a will can be challenged in New Jersey. First is to claim that the deceased person lacked capacity the day the will was executed or signed. The capacity standard is low. The testator must only be aware that he or she possesses an asset and then have a wish to transfer that asset to another person or entity. Courts will examine medical records and information about the deceased person’s physical and mental health to confirm the testator possessed the requisite mental capacity to make the gift in the will. 

The second way a will can be challenged in New Jersey is to prove the deceased person was “unduly influenced” by another person and that the will the court is interpreting does not reflect the wishes of the testator but those of the other person. A challenger to the gift will claim that the other person was in a position of trust or had the confidences of the deceased person and used their special relationship to change the gift or will in favor of this person. The will, then, is not a reflection of the testator’s true wishes, but of the person who unduly influenced deceased person.

New Jersey Wills and Probate Lawyers in Hackensack, New Jersey

A successful wills and probate lawyer has in-depth knowledge of New Jersey’s wills and trusts laws, as well as exceptional litigation skills. The wills and probate lawyers at the Giro Law Firm provides an array of services for seniors, including planning for health care decisions and end of life issues. Additionally, we help clients with long-term care planning, general estate planning and administration, and guardianship. To request a consultation with a New Jersey estate planning attorney, click here or call (201) 690-1642.