Legal Question in Wills and Trusts in New Jersey
I have heard that there is a legal presumption that an unambiguous will reflects the testator's intent. My cousin does not point to any ambiguity in our uncle's will; she just wants to discount one article of it as mere boilerplate that is out of character for him, although she agrees that our uncle signed the will in sound mind and without undue influence. Does my cousin have to provide CONCLUSIVE proof that the testator could not possibly have meant what the will says? If she can't provide such conclusive proof, would I be entitled by law to prevail if I can present reasonable (although not conclusive) evidence that the testator did intend what that article of his will says? On whom does the burden of proof rest in a testamentary intent dispute?
1 Answer from Attorneys
Family disputes are common in estates. In order to avoid any issues, you really need a tax and estate attorney to review the Will and the circumstances surrounding it. You need help to avoid a major family issue.
Good luck!
Ron Cappuccio
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