In most jurisdictions, the statutes which prescribe the proceedings for probate and contest of wills permit a person in interest to file a petition to contest the probate of a will after the will has been admitted to probate. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such an Petition in a particular jurisdiction.
New Jersey Petition Contesting Probate of Will on the Grounds of Mental Incompetence and Undue Influence
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FAQ
Proving undue influence is complex, and the burden of proof is very high. You must prove that the person who benefited from the gift was in a confidential relationship with the decedent.
The following elements of undue influence must be present in order for it to be presumed: (1) a confidential relationship existed between the testator and the party who benefitted as a result of undue influence; and (2) there are suspicious circumstances, even if slight.
Under New Jersey Court Rule -1, a New Jersey resident has four months from the date of probate to challenge a will. Someone who resides outside of New Jersey must file the appropriate legal papers within six months of the date of probate.
A will or trust can be declared invalid if undue influence was used on the deceased to obtain assets that would otherwise have gone to others.
If a person challenges a will for undue influence and proves that the will was not the testator's true intent, then the court will usually determine that the will is not valid. If an earlier will is valid, the court might use that to distribute the property. In that case, the earlier will is ?revived.?
We're often asked, ?How can you prove undue influence?? Well, the evidence must support the elements of proving undue influence, which were stated above: Vulnerability of the victim. The influencer's apparent authority. The actions or tactics used by the influencer.
Undue influence is a serious challenge to raise against a will or trust. If successful, the document may be invalidated. For that reason, when proving undue influence, extraordinary evidence must be presented, which means having an excellent probate litigation attorney by your side.
The use of undue influence by one party over another puts the free will of one of the parties entering the contract into question, and therefore leads to the contract being unenforceable and voidable by the victim party.