In the last year, we have observed an increase in estate litigation.  The facts of each case are variations on a theme – abuse of trust, entitlement and often, greed.  We have seen adult children take advantage of one or both of their parents by causing them to draft a new will when the parent no longer has testamentary capacity.  We have also seen a step-parent cause his/her spouse to disinherit their birth children.  Though it is difficult to pinpoint the reason for the increasing abuses of trust, it is important to be acutely aware of your inheritance rights. 

A will contest is a challenge to a will, usually initiated by a family member or a beneficiary. Common grounds for a will contest include claims that it was improperly executed, the testator lacked testamentary capacity or it is the result of fraud, undue influence or duress.

Any person who has a legal interest in an estate of the person whose will is in question can contest the will.  Generally, spouses, children, grandchildren and other family members and heirs may have standing to challenge a will.  If the will is found to be invalid because it does not conform to New Jersey’s requirements or because the testator was incapacitated and/or unduly influenced when it was made, it is possible that a previous will may be revived or, if there is no previous will, the estate assets will likely pass under the laws of intestacy. 

"No-contest" or “in terrorem” clauses are enforceable in New Jersey.  Such penalty clauses may cause a beneficiary to forfeit their gift if they challenge the will.  New Jersey, however, allows a beneficiary to challenge a will that contains a no-contest clause and retain their bequest if the court determines that the challenge is based on probable cause. 

If you would like us to evaluate your inheritance rights, it is important that you not delay as there are short limitation periods for contesting a will.  Consequently, we will assist you in evaluating your claims and determining if an action is warranted.