If you’re questioning the validity of a loved one’s will, you’re not alone. Disputes over wills can arise in even the closest families, especially when someone is left out unexpectedly or when the circumstances surrounding the will raise concerns.
At E.A. Goodman Law, LLC, we help individuals in Cedar Knolls and across New Jersey understand their rights and take legal action when something doesn’t feel right. Here, we’ll explain what a will contest is, who can bring one, common reasons for filing, and how we can help you move forward with confidence.
What Is a Will Contest?
A will contest is a legal challenge filed in probate court that questions the validity of a will. These disputes often arise when someone believes the will doesn’t reflect the true intentions of the person who passed away, especially if there are signs of pressure, fraud, or mental decline at the time the will was signed.
Common Reasons to Contest a Will
There are several legitimate reasons to challenge a will in New Jersey. Some of the most common include:
- Lack of capacity: The person who made the will didn’t fully understand what they were doing due to illness, cognitive decline, or other impairments.
- Undue influence: Someone pressured or manipulated the person into changing their will for personal gain.
- Fraud or forgery: The will was signed under false information, or someone forged the signature.
- Improper execution: The will wasn’t signed or witnessed according to New Jersey’s legal requirements.
- Multiple wills: If there are several wills, there may be a dispute over which version is valid.
If any of these concerns sound familiar, it may be time to consider whether a will contest is appropriate.
How the Will Contest Process Works in New Jersey
Contesting a will involves filing a formal challenge in the New Jersey Surrogate’s Court. Timing matters. You generally have:
- 4 months to file if you live in New Jersey
- 6 months if you live out of state
Once a challenge is filed, the court may allow both sides to gather evidence, review medical records, depose witnesses, and attempt to resolve the issue through settlement. If no agreement is reached, the case can go to trial, where a judge will decide the outcome.
These cases can be emotional, but they don’t have to be combative. Many families resolve will disputes through negotiation, especially when both sides are open to compromise. We’ll help you understand your options and represent your interests at every step.
Who Can Contest a Will?
Not everyone has the right to challenge a will. To contest one in New Jersey, you must have legal standing, which means a direct financial interest in the outcome. This typically includes:
- Heirs-at-law (those who would inherit if there were no will, under New Jersey’s intestacy laws)
- Beneficiaries under a prior or current will
- Individuals with a direct, financial interest in the estate that would be negatively affected by the will’s admission to probate
Simply being upset about the terms of a will isn’t enough. You’ll need a valid legal reason to file a claim. We can help you evaluate your situation and determine whether you have grounds to move forward.
What Happens If a Will Contest Succeeds?
If a will contest is successful, the court can:
- Throw out the current will and recognize an earlier version
- Distribute the estate under New Jersey’s intestacy laws (as if there were no will)
- Invalidate only the parts of the will that were influenced by fraud or improper conduct
This can dramatically change who receives what and how much. That’s why it’s so important to get clear legal guidance before taking action.
Why Work With a Will Contest Attorney?
Will contests require careful handling. They often involve sensitive family dynamics, legal technicalities, and strict court procedures. Whether you believe a will is invalid or you’re trying to defend a valid will against a challenge, it’s important to have legal support.
At E.A. Goodman Law, LLC, we take the time to understand your concerns and goals. We’ll review the will, assess the facts, and help you decide on the best course of action. We can negotiate on your behalf or take the case to court when necessary. Our goal is to protect your rights and honor your loved one’s true intentions.
Contact an Experienced Cedar Knolls, NJ Will Contest Lawyer
If you’re facing a will dispute, don’t wait. The deadlines are short, and early action gives you more room to make informed decisions.
We’re here to listen, offer clarity, and stand by your side. Contact E.A. Goodman Law, LLC today to schedule a confidential consultation. We assist clients in Cedar Knolls and across New Jersey with will contests, probate matters, and estate disputes. Let’s talk about how we can help you move forward.