The passing of a loved one is difficult enough—but when questions arise about the fairness or validity of their will, the emotional toll can be even greater. If you believe a will does not reflect your loved one’s true intentions or was created under improper circumstances, you may have the right to challenge it through a legal process known as a will contest.
At ASK LAW FIRM LLC, we help clients across New Jersey navigate the complexities of contested wills with sensitivity and skill. Whether you're a disinherited beneficiary or a concerned family member, our attorneys are here to protect your rights and your loved one’s legacy.
Grounds for Contesting a Will
In New Jersey, not every disagreement over a will can become a valid legal challenge. You must have both standing (a direct financial interest in the outcome) and a valid legal reason to contest the will. Common grounds include:
- Lack of testamentary capacity: The decedent was not mentally competent at the time of signing the will.
- Undue influence: Someone pressured or manipulated the decedent into changing their will.
- Fraud or forgery: The will was altered or signed fraudulently.
- Improper execution: The will was not properly signed or witnessed under New Jersey law.
- Revocation: A newer valid will exists, or the current one was revoked.
If one or more of these conditions can be proven, the court may invalidate the entire will or certain provisions, restoring a prior will or allowing the estate to be distributed under intestacy laws.
Who Can Contest a Will?
Typically, only individuals with a financial interest in the estate can challenge a will. This may include:
- Heirs who were disinherited or received less than expected
- Beneficiaries under a previous will
- Individuals named in a trust or earlier estate plan
If you are unsure whether you have standing to contest a will, an experienced probate litigation attorney can help assess your case.
The Process of Contesting a Will in New Jersey
Contesting a will begins with filing a formal objection in the Surrogate’s Court, typically within four months of the will being admitted to probate (six months for out-of-state residents). The case then enters litigation, which may include:
- Discovery (requesting documents, depositions, etc.)
- Expert evaluations of mental capacity or handwriting
- Witness testimony regarding coercion or fraud
- Motions, hearings, or potentially a full trial
Because emotions and family relationships are often at stake, these cases require not just legal acumen—but also diplomacy and tact.
How ASK LAW FIRM LLC Can Help
Contesting a will is a serious step that requires thorough legal evaluation. At ASK LAW FIRM LLC, we help clients determine whether a challenge is likely to succeed and guide them through every step of the litigation process. We also represent executors and beneficiaries defending the validity of a will.
Whether you're seeking to enforce your inheritance rights or defend a loved one’s wishes, our probate litigation attorneys are ready to advocate for you.
If you're concerned about the validity of a will, contact a dedicated Woodbridge wills litigation lawyer at ASK LAW FIRM LLC today.
Our Offices
Hackensack Office: 15 Warren St #20, Hackensack, NJ 07601
Woodbridge Office: 1460 US-9 Suite 301, Woodbridge, NJ 07095
We offer compassionate, confidential consultations to help you explore your legal options. Let us help protect your loved one’s legacy and ensure a fair outcome for all involved.