Legal Question in Wills and Trusts in New Jersey
nullifying will
What is the degree of difficulty of nullifying a will. A husband and wife have wills that mirror each other. The wife makes a new will that is vastly different of the 1st will and in it asks that this new will superceed the previous will of both her and her husband because he is now incompetant (medically proveable).The wife dies first and the husband dies years later. If the 1st will is entered into probate can it be contested?What is the likelihood of having the will nullified since he was incompetant in his later years and the wife's 2nd will was instuctional as to her incompetant husband.
1 Answer from Attorneys
Re: nullifying will
As long as a person is competent at the time of the preparation of his/her will, it is deemed valid. The burden of proving incompetence, thereby allowing the will to be nullified, is on the person claiming incompetence; further, this must be proven by clear and convincing evidence, which is a very difficult standard. There is no requirement that a husband and wife have "mirror image" wills and certainly either one can change their own will at any time, assuming they are competent to do so. I hope this helps. If you want to discuss this in more detail, feel free to call my office. Good luck!
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