This is a multi-state form covering the subject matter of the title.
New Jersey Complaint to Contest Will
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FAQ
In general, there are three grounds for challenging a will. (1) The will was signed improperly and not in compliance with the statutory requirements; (2) the testator lacked the testamentary capacity to execute the will; and (3) the will was the product of undue influence.
The procedure for challenging a will in New Jersey is not complicated, but overturning a will requires solid evidence and testimony ? and knowledgeable legal assistance.
The answer is yes? your omitted and/or disinherited spouse can challenge the Will or Trust (sometimes) and collect about one-third of your estate under New Jersey law, with a few exceptions.
Include a No Contest Clause in the Will Another strategy to avoid a Will contest includes a ?no-contest? or ?in terrorem? clause in your Will. A typical ?no-contest? clause states that if an heir challenges your Will and loses, then he or she gets nothing.
The statute of limitations for the challenge of probate is one of the shortest in New Jersey law: the action must be commenced within four months after the Will is admitted to probate (or 6 months if the person bringing the action lives out-of-state).
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.
