Legal Question in Wills and Trusts in New Jersey
Wills and Estates
How can a person prove that a person was coerced into creating a new will or lacked mental capacity to create a new will?
Asked on 8/16/08, 6:35 pm
1 Answer from Attorneys
Jonathan Chester
The Law Office of Jonathan S. Chester, Esq., LLC
Re: Wills and Estates
Proving undue influence/coersion and/or lack of testamentary capacity are proven based upon the facts of a particular situation. Normally, discovery is needed to learn all the facts surrounding the execution of the Will. .
To give you a sense of the possible success of your particular matter, I suggest that you meet with and estate attorney who can review your story and determine if you have a case.
Answered on 8/18/08, 8:39 am