The probate process in New Jersey is intended to ensure the orderly distribution of a decedent’s estate according to their wishes as expressed in their will, or under state intestacy laws if no will exists. However, disputes often arise, leading to contested wills which can complicate and prolong the probate process. This comprehensive guide explores the common reasons for contesting wills in New Jersey, the procedural steps involved, and strategies to resolve these disputes effectively.
Understanding Wills and Probate in New Jersey
The Probate Process: Probate is the legal process through which a deceased person’s will is validated by a probate court. In New Jersey, the process starts with the submission of the will to the Surrogate’s Court in the county where the decedent lived. If the will is uncontested, the process can be relatively straightforward. However, if the will is contested, the matter is typically escalated to the Superior Court.Common Grounds for Contesting a Will
- Lack of Testamentary Capacity: Claimants may argue that the decedent did not have the mental capacity to understand the extent of their property, the natural beneficiaries of their estate, or the contents of the will at the time it was executed.
- Undue Influence: This occurs when the decedent is pressured or coerced into changing the will in a way that does not reflect their true intentions. This can be by a caregiver, family member, or another individual who had close access to the deceased.
- Improper Execution: Under New Jersey law, a will must meet specific formal requirements to be valid, such as being in writing, signed by the testator and witnessed by at least two people. A will may be contested on the grounds that these legal formalities were not observed.
- Fraud or Forgery: Claims may arise asserting that the will was fraudulently induced, or that the signature of the deceased was forged.
Procedural Steps in Contested Will Cases
- Filing a Caveat: If an individual anticipates a will contest, they can file a caveat with the county surrogate’s court before the will is admitted to probate.
- Discovery: Parties may engage in discovery, which includes depositions, document production, and expert testimony, particularly from handwriting experts or medical professionals.
- Trial: If the parties cannot settle, the case will proceed to trial, where the court will hear evidence and determine the validity of the will.
Strategies for Resolving Disputes
- Mediation and Settlement: Many contested will cases are settled out of court through mediation, where a neutral third party helps facilitate a resolution.
- Clear Communication: Ensuring clear communication and documentation when drafting a will can prevent misunderstandings and disputes.
- Professional Assistance: Engaging a reputable attorney specializing in estate planning can help ensure that a will is legally compliant and reflects the testator’s wishes accurately.
