Legal Question in Wills and Trusts in New Jersey
An executor of a NJ will (who is also a beneficiary) lined up a lot of people willing to offer testimony that the testator did not intend what he clearly specified in one article of the will. He does not want to contest the rest of the will and it is too late for him to do so. I understand that intent is an issue of fact, and when there is an issue of fact, the court has a mandate to clarify the facts by hearing testimony from both sides at trial. Does an unambiguous article of a will always carry greater legal weight than testimony, or do liberal judges ever re-write such articles based on testimony about the testator's supposed wishes? Can we get Summary Judgement to prevent testimony and rule that the executor must follow the will as written? As a matter of law, is testimony offered to contradict an unambiguous article of an uncontested will admissible?
1 Answer from Attorneys
Frankly, the behavior of the executor sounds very strange. If a person is challenging the will because of undue influence, it is odd that person is named as executor. I presume the executor has an attorney and I suggest that you get a good estate tax and probate attorney to review this and give you specific advice. It sounds like you've been doing reading and are quite confused as to what the procedures are and what needs to be done and that attorney would give you the best advice for your specific facts.
I hope this helps!
Ron Cappuccio
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