Legal Question in Wills and Trusts in New Jersey

Re: How to contest a will?

I will need more of the facts to give you a complete answer, but it appears that you may have a cause of action to contest the will on the grounds of undue influence (i.e. your aunt used undue pressure on your grandmother to make a new will) or perhaps lack of capacity to make a will (i.e. your grandmother's mental/physical condition made it impossible for her to realize what she was doing when she signed the new will).

As an intestate heir, in NJ, the executor must provide your mother with "Notice of Probate" and a copy of the Will. There are time limits on when you can bring a will contest case, but the clock does not start running until notice of probate has been given provided.

Will contest cases are usually fact sensitive, meaning that your attorney will need to review all the relevant facts (medical records, legal documents, prior wills (if any), witnesses, etc.). This type of litigation can be time consuming, emotional and expensive to pursue. Typically, if there is reasonable cause for the litigation, attorneys fees can be paid from the estate, rather than on a contingent fee basis.

Please call if you would like to discuss further.

Jon Chester

908-273-1212

Re: How to contest a will?

You need to contact an attorney. You may have a good case to contest the will, but you may not. You will need to bring proof of your allegations, and let the attorney evaluate all of the facts.

Know this before you get started: a will contest will tear your family apart.