How to Contest a Will in New Jersey: Grounds, Process, and What to Expect
Discovering that a loved one’s will does not reflect what you believed were their true wishes can be both painful and confusing. Maybe the will favors one sibling unexpectedly, or it was changed shortly before death under circumstances that feel wrong.
New Jersey law does allow certain people to challenge a will, but the legal standard is high, and not every disagreement qualifies. Our Red Bank estate planning lawyer explains the grounds for contesting a will and what the process actually involves.
Who Can Contest a New Jersey Will and On What Grounds
To challenge a New Jersey will, you must generally have legal standing. This means a prior will or state intestacy laws would have allowed you to inherit, had it not been for the current will.
Standing is only the first step. You also need a valid legal basis for the challenge. New Jersey courts recognize several specific grounds for contesting a will, including:
- Lack of testamentary capacity, meaning the person did not understand what they were signing or the effect of their decisions at the time.
- Undue influence, where someone exerted improper pressure over a vulnerable person to benefit themselves.
- Fraud, such as deceiving the person about the contents of the document they signed.
- Improper execution, meaning the will was not signed or witnessed according to New Jersey’s legal requirements.
- The existence of a more recent, valid will that supersedes the one being offered for probate.
- Forgery of the deceased person’s signature.
Undue influence claims are common but hard to prove. Courts look for warning signs such as a sudden change favoring a caregiver or a new acquaintance, the deceased’s isolation from family, or the beneficiary’s involvement in preparing the will.
Contesting a New Jersey Will
If a loved one recently passed and you have doubts about their will, take action immediately. Once probate begins, you have a limited window to contest it.
The first step is to file a caveat with the New Jersey Surrogate’s Court, which suspends probate until the dispute is resolved. Here’s how the process unfolds:
- You file a formal complaint in Superior Court outlining the specific grounds for the challenge;
- Each side exchanges evidence, such as medical records or witness testimony, through discovery.
- Witnesses are deposed, including the lawyer who drafted the will, if relevant.
- You attempt to negotiate a settlement.
- If you can’t reach a settlement, your case goes to trial.
Will contests are often difficult, as they often involve grieving families and strained relationships. To protect your rights, get professional legal help right away.
Contact Our Experienced Red Bank Estate Planning Lawyer
At Sanvenero & Cittadino Law Office, our Red Bank estate planning lawyer provides trusted legal guidance to New Jersey families in will contest cases and helps them get the outcome that truly reflects their loved one’s intentions.
To discuss your situation, call or contact us online today and request a consultation. We represent clients in Shrewsbury, NJ; Monmouth County, NJ; Central New Jersey; and throughout New Jersey.
Sources:
njcourts.gov/glossary/surrogates-court
lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu
lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=3B%3A3-1+Individuals+competent+to+make+a+will+and+appoint+a+testamentary+guardian