Legal Question in Wills and Trusts in New Jersey

Re: probate ,wills

Legally referred to as an "in terrorem clause" the New Jersey Supreme Court has held that a no contest provision in a Will is "unenforceable if probable cause exists for instituting proceedings." If you have any other questions about possibly contesting a will, please feel free to review my website at www.hoylelaw.com for answers to some other commonly asked questions or call/email me at your convenience.

Re: probate ,wills

Maybe, if there is no finding of legitimate probable cause to rule it unenforceable. On its face, these clauses are enforceable, but may not be absolute in an appropriate case.