Law Offices | Robinson & Robinson, LLC

Call Today For A Free Initial Consultation

856-413-5791
  • Home
  • Our Attorneys
    • Matthew J. Robinson
    • Arnold Robinson
    • Andrew Beams
    • Julie A. Robinson
  • Practice Areas
    • Real Estate
      • Landlord Representation
      • Property Tax Appeals
    • Estate Planning & Administration
    • Business Law
    • Land Use
  • Videos
  • Blog
  • Contact
Make A Payment
Law Offices | Robinson & Robinson, LLC
856-413-5791
  • Home
  • Our Attorneys
    • Matthew J. Robinson
    • Arnold Robinson
    • Andrew Beams
    • Julie A. Robinson
  • Practice Areas
    • Real Estate
      • Landlord Representation
      • Property Tax Appeals
    • Estate Planning & Administration
    • Business Law
    • Land Use
  • Videos
  • Blog
  • Contact
Make A Payment

Your First Step Starts Here

Can I contest a family member’s will?

On Behalf of Robinson & Robinson, LLC | Mar 8, 2024 | Estate Planning

Losing a loved one is a trying time. Sadness, loss and shock are common. Though, questions about contesting wills are not uncommon either. This is particularly true when complicated and heated family dynamics are involved. And, if you find yourself in a situation where you want to contest a New Jersey family member’s will, what can you do?

Understanding wills

First, let us clarify what a will entails. A will is a legal document that dictates how a person’s assets and property should be distributed after their passing, naming an executor and beneficiaries, etc. Though, they are not immutable.

Grounds for contesting

There are valid reasons for contesting a will. A common reason challenge is Lack of Testamentary Capacity. If the testator lacked mental capacity during the will’s creation, it can be invalidated. In other words, they did not have the ability to create the will they created.

Similarly, another challenge basis is Undue Influence. This occurs if someone coerced the testator into making decisions against their true wishes, which is often alleged along with a Lack of Testamentary Capacity

More arguments can be fraud, forgery or even improper execution. Most people are familiar with fraud or forgery, but improper execution refers to how the will was actually executed. The basis is that there was a failure to meet New Jersey’s specific requirements for executing a valid will.

Steps to contest

If you believe a family member’s will warrants contestation, you have options, but your want to contest the will cannot be based on nothing. It cannot be based on simply a feeling of unfairness. Instead, it must be based on a valid ground for contestation.

If you believe you do have such grounds, collect relevant evidence that supports your claim. And, within 10 days of receiving probate notice, file a formal notice expressing your intent to contest the will. Depending on circumstances, engage in mediation or proceed to litigation.

 

Categories

  • Blog
  • Business Law
  • Estate Planning
  • Firm News
  • Land Use And Zoning
  • Landlord Representation
  • Real Estate
  • Uncategorized

Archives

Recent Posts

  • How landlords can handle tenant nonpayment or lease violations
  • What is premises liability?
  • How to dissolve an LLC in New Jersey
  • What types of claims can be filed by a landlord in New Jersey?
  • What do I do with a security deposit in New Jersey?

RSS Feed

Subscribe To This Blog's Feed

Request A Legal Consultation

Law Offices | Robinson & Robinson, LLC

MILLVILLE OFFICE
2057 Wheaton Ave.
PO Box 788
Millville, NJ 08332

Millville Office

PHONE
856-413-5791

FAX
856-825-4762
  • Follow
  • Follow
  • Follow
Review Us

© 2026 Robinson & Robinson, LLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw