Legal Question in Wills and Trusts in New Jersey

Re: the term ''means''

No such statute exists. My hunch is that the Will probably reads something like, "I make no provision for 'X' because he/she has sufficient means (or is well off, or has been well provided for, etc.)..."

In truth, the testator is probably not stating the real reason he is leaving that person out of the Will, but instead is using the above quoted language so as not to offend the person who is left out of the Will.

If you would like to discuss this further, please call me.

Jon Chester

908-273-1212

Re: the term ''means''

It depends upon the context the language was used. If the language is used to disinherit a spouse, there is a spousal election statute that prevents a spouse from being disinherited (absent a premarital agreement) unless the surviving spouse has sufficient personal assets to permit the disinheritance. Means in that context could be interpreted to be stating that the survivng spouse does not qualify for the elective share. If used to disinherit anyone else, this may be a polite way of saying the person is being disinherited for reasons the maker of the Will does not want to be made public (a Will is a public document and anyone can read it). Even if the person has no "means", the language may be sufficient to allow the disinheritance just by reference to the person's name. If you need more information, call me at 973-377-3313 for a fre 1/2 hour consultation.