Contesting a will in New Jersey is a complex process governed by strict deadlines and probate court rules. Families facing estate disputes must act quickly to protect their rights—whether to defend a will or challenge one. A difficult court battle emerges for families who experience grief at the same time they need to determine what their deceased loved one wanted. The process of will contests in New Jersey operates at high speed and requires strict adherence to rules, while success typically hinges on small details.
Since the 1960s, the estates and trusts litigation team at Pellettieri Rabstein & Altman has provided extensive guidance to executors, trustees, and beneficiaries during their disputes which often involve complicated high-value matters.
Whether you are an executor who is defending a will, or a person who wishes to contest a will, you will need an attorney to represent you in this specialized type of legal matter.
Under What Circumstances Can You Challenge a Will in New Jersey?
According to New Jersey law, an interested party can prevent regular probate by filing a caveat at the County Surrogate’s office forcing the will’s proponent to start a court proceeding. A will contest must happen before the probate court grants approval because probate needs at least eleven days to pass following the testator’s death. Those who want to challenge a will must submit their court action either within four months following probate or six months if they live outside of state. The tight time restrictions for these procedures create a necessity for immediate action.
The right to challenge a will belongs to individuals who are listed in the document as well as heirs who would receive the estate if the will becomes invalid.
Common Grounds for a Will Contest
The two main reasons people use to contest wills include proving the testator lacked capacity during the creation of the will, and establishing that the testator experienced undue influence from someone else. A testator must possess testamentary capacity, which means they must understand their possessions and their standard heirs. A court will invalidate the will if mental decline or illness made it impossible for the testator to understand these matters.
When someone uses pressure or manipulation against a testator to take control of their free will, the situation results in undue influence. When a caregiver, family member, or confidant receives an unbalanced benefit from an estate, such situations most often develop. The court will assume undue influence when both a confidential relationship exists and suspicious circumstances include unexpected changes in estate planning, or evidence of mental frailty in the testator.
Disputes extend beyond the realm of wills since they exist independently of wills. Similar challenges exist against non-probate transfers like joint accounts, payable-on-death accounts, and lifetime gifts which need separate legal proceedings.
What Happens Once a Will Is Contested?
After the case moves forward, it requires detailed discovery procedures to examine medical documents and attorney papers together with financial records and witness statements. The discovery of estate plan facts might require both depositions and subpoenas. Expert witnesses including medical professionals and handwriting experts evaluate testator mental states and the conditions of will signing.
Most will contest cases require settlement negotiations and mediation but parties need to maintain readiness for court proceedings. Our estates and trusts litigation team at PR&A maintains trial readiness and works towards reaching efficient settlements whenever beneficial to our clients. Our dual strategy allows us to start negotiations from a position of power while keeping full readiness to defend our clients’ rights through legal proceedings.
Possible Outcomes in Estate Litigation
The outcome of a will contest relies heavily on the evidence that emerges during the process. The court has the power to declare the entire will invalid or to invalidate only those parts which were influenced improperly. When unjust enrichment occurs, the court may impose constructive trusts to protect beneficiaries’ rights while other professionals might be ordered to track financial transactions.
Executors who violate their fiduciary responsibilities face possible removal and may need to pay surcharges for resulting financial damages. The court implements these remedies to carry out its duty of respecting the testator’s wishes while ensuring fair treatment for beneficiaries.
Why Families Choose Pellettieri Rabstein & Altman
Estate disputes that become contested usually involve important personal matters, significant financial assets, enduring family disputes, and intricate trust arrangements. PR&A stands as the family choice because we combine deep knowledge of New Jersey probate law with a sophisticated understanding of finance and asset tracing. The firm’s size provides us with courtroom resources which enable efficient case handling along with trial readiness.
Results matter, and PR&A’s track record reflects that. The attorneys at our firm have recovered many hundreds of millions of dollars in verdicts and settlements across our practice areas and we also routinely succeed in contested estate matters.
Recent Victories in Estate and Trust Litigation
In a case involving a family farm valued at more than $4 million, PR&A discovered a scheme where a sibling secretly transferred the property to a holding company and sold development rights without sharing profits. Our team’s investigation led to a swift and favorable settlement for the rightful heirs.
We also represented executors in a case where a surviving spouse sought $2.7 million in sale proceeds despite receiving a life estate and lump sum under the will. PR&A won summary judgment dismissing the claim and successfully defended the decision in the Appellate Division.
In another high-stakes matter, we litigated the removal of a trustee managing a multi-million-dollar dynasty trust after discovering undisclosed loans and covert communications. That case concluded with the trustee’s resignation, protecting the trust beneficiaries from further harm.
And in a unique estate dispute following a fatal plane crash, stepchildren alleged that a medical blackout, not a bird strike, caused the accident. Our investigation developed evidence supporting both theories, which positioned us to negotiate a favorable settlement for the estate.
Strengthening Your Case from the Start
Acting quickly can make all the difference in an estate dispute. If probate has already occurred, the four or six-month filing deadline begins immediately. If probate has not yet been granted, filing a caveat can preserve your rights.
Gathering documents such as prior wills, financial records, attorney notes, and correspondence is equally important, as is identifying witnesses who observed the testator’s condition. Understanding the scope of the estate is also critical, since not all assets pass through probate and some require separate legal strategies.
Frequently Asked Questions
Is a will presumed valid in New Jersey?
Yes, but when suspicious circumstances exist within a confidential relationship, courts may presume undue influence and shift the burden to the proponent of the will.
Can non-probate transfers be contested?
They can. Survivorship accounts and payable-on-death accounts are subject to the same undue influence analysis as wills.
Do most cases settle?
Many will contests resolve through settlement or mediation. However, preparing every case as if it will proceed to trial provides the leverage needed to achieve the best possible outcome.
Take the Next Step
If you are an heir, beneficiary, executor, or trustee facing a will contest in New Jersey, the stakes are high and the deadlines are short. PR&A’s estates and trusts litigation team offers the experience, financial acumen, and courtroom strength needed to protect your interests.
Call (609) 520-0900 today for a free, confidential consultation. Whether you need to challenge a questionable will, defend an estate already in probate, or address trustee misconduct, our attorneys are ready to stand by your side and fight for the justice your family deserves.
