Legal Question in Wills and Trusts in New Jersey
contesting wills
How do I prove undue influence when contesting a will
2 Answers from Attorneys
Re: contesting wills
Undue influence is one of several grounds for contesting a will, assuming you have 'standing' to contest the will [i.e. you are an heir or someone named in the will or in a prior will].
You would need to file a Complaint in the County where the will was probated, alleging undue influence, and then set about proving your case by obtaining factual evidence [documents, deposition testimony, perhaps medical records, etc.].
Re: contesting wills
you will need a lawyer to challenge a Will on the grounds of undue influence.
I have done several cases like this, and the facts are different in each case. Basically, you are trying to show that the now deceased person was not able to make decisions for himself/herself because of some influence, some control by another person. For example, if the person's nurse suddenly appears in the Will, and the person was completely dependent on that nurse for care, then there MIGHT be a good reason to look into why that Will was changed.
Call if you like; I will see what I can do for you.