An Introduction To Will Contests and Probate Litigation in New Jersey

by Albert Howard
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An Introduction To Will Contests and Probate Litigation in New Jersey

It is a well-known story. Since the ability of everyone to form a will swept away ancient laws, heirs and beneficiaries have protested against even the best-written wills and trusts. 

Even when the Last Will or Trust appears to be straightforward, conflicts among family members, heirs, and executors might emerge before or during probate. What rights do you have? Be sure to stick with us through the end to learn more.

Do you feel that an executor, trustee, or personal representative of an estate is being unresponsive to your needs? To cope with challenging family members or an unreasonable executor or beneficiaries, you’ll need experienced Cherry Hill NJ Probate Lawyers.

Can NJ Law Guarantee an Inheritance?

“Each individual has the right to decide what to do with their property, regardless of the wishes or opinions of others.” No one except the surviving spouse is entitled to the property of a parent or a family member.

It is, nevertheless, feasible to put up a will or a trust. Those disputing a Testament must convince the court that the deceased was mentally incapable at the time of signing the document or that the Will was obtained through deception, fraud, or force.

Furthermore, certain wills or trusts are invalid due to improper execution or construction.

Could the testator’s will be revoked during their lifetime?

It is a prerequisite to be “of sound mind” to make a Will. We rarely see a loved one’s Will until after they have died away. Making a Will while incompetent can lead to the Will being revoked if the incompetence can be demonstrated. 

A will signed by an incompetent individual is invalid. This statement is true regardless of whether the testator is alive or has passed away.

A court may set aside a Will if it is in the best interests of the disabled testator. This is only conceivable if the individual making the Will is legally incapable.

The courts generally discourage a pre-death challenge to a Will if the individual drafting the Will is not incompetent.  According to New Jersey law, adults are presumed competent to handle their affairs. Therefore, in New Jersey, a faulty Will can be revoked or changed by an adult.

Alternatively, if you suspect a testator may not be capable of making a Will. You may request that the court consider both concerns simultaneously, even though no incompetence declaration has been made.

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