Top 5 Grounds for Contesting a Will in New Jersey
And How to Spot Them Early
Probate isn’t always a straightforward court process. Sometimes, questions about a will become serious—how it was created, whether it shows the person’s true intentions, or whether someone improperly interfered with it. If you’re questioning a will, you can contest it, but only under specific legal circumstances. Let’s break down the top 5 most common reasons wills are challenged in New Jersey.
1 Last of Testamentary Capabilities
To create a valid will in the state of New Jersey, the person signing it (called the testator) must have testamentary capacity at the time the will is created. This means they have to understand:
They are making a will
What assets they have
Who their close family or heirs are
How the will distributes the property
This doesn’t mean the person had to be perfectly healthy or free from all memory issues. We’ve seen many people with early dementia or age-related cognitive decline still have the capacity to create a will. The question is whether they were mentally capable enough at the exact time the will was signed.
How this shows up in real life
A will is signed shortly before death, during a hospital stay, or after a dementia diagnosis. Family members may notice confusion, memory loss, or disorientation around that time, and suspect wrongful signing.
Your Backup: Claims about capacity often lean heavily on medical records and doctor testimony. Courts want proof of the testator’s state of mind on the day the will was signed, not a general history of memory issues.
2 Undue Influence
Undue influence is when someone pressures, manipulates, or controls the testator in a way that takes over their free will. This is, unfortunately, a common reason for contesting a will here in New Jersey.
It often involves a trusted person (such as a caregiver, child, romantic partner, or advisor) who benefits significantly from changes to the will.
Common warning signs
A sudden or drastic change in the will
One person receiving a much larger share than expected
The testator becoming isolated from family
The influencer being involved in arranging the will or attorney
Real-world example
An elderly parent rewrites their will to leave most assets to one child who recently moved in to “help,” cutting out other siblings with little explanation.
How New Jersey courts view it
New Jersey courts examine the relationship dynamics and whether the influencer had both the motive and opportunity to sway the will. If everything seems suspiciously convenient for one person, it raises suspicion.
3 Fraud
Fraud involves deception: when the testator is misled into signing a will based on false information. This could mean misrepresenting the document's contents or intentionally providing false information to influence decisions.
Examples of fraud include:
Telling the testator that a document is something other than a will
Lying about a family member’s behavior to influence disheritance
Substituting or changing documents without the testator’s knowledge
How fraud often comes to light:
Family members can notice inconsistencies between the testator’s stated wishes and the actual will.
Legal challenge
Fraud claims can be difficult because they require proof of intentional deception. Evidence may include witness testimony, prior drafts of the will, communications, or unusual circumstances surrounding execution.
4 Wrong Execution
In New Jersey, the will must be signed due to specific legal rules. If these requirements aren’t met, the will may be challenged, even if it shows the testator’s wishes.
A legally valid will must be:
In writing
Signed by the testator
Witnessed by at least two people
Common execution problems include:
Missing witness signatures
Witnesses who were not present at the same time
Recorded, spoken, or wrongfully signed will created by the testator
5 Duress
Duress is similar to undue influence but more extreme. It involves threats, coercion, or fear that force someone to sign a will against their wishes.
This could include:
Threats of abandonment
Threats to withhold care
Emotional or psychological pressure
Fear-based manipulation
How duress may appear
A testator appears anxious or afraid, expresses concern about consequences if they don’t comply, or makes sudden decisions that contradict long-standing plans.
Legal challenge
Duress claims often rely on witness testimony and surrounding circumstances. While harder to prove, they can succeed when there is clear evidence of intimidation or force.
How to Spot Trouble Early
Many probate disputes could be avoided (or at least addressed sooner) if families pay attention to early warning signs:
Sudden, last-minute changes to the will
New influencers appearing near the end of life
Lack of transparency about the will’s creation
Isolation from family or trusted advisors
Odd or unexplained disinheritances
Even just asking questions early can prevent months—or years—of issues later in probate.
New Jersey Will Contest FAQ
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In New Jersey, you generally have six months from the date the will is admitted to probate to file a formal contest. This is known as the “statute of limitations,” and missing it can prevent you from challenging the will.
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Typically, only those who would benefit from the estate, or who have a legal interest in it, can contest a will. This usually includes heirs, beneficiaries under a prior will, or individuals who might inherit due to the will ending up being invalid.
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Yes, being excluded doesn’t automatically prevent a challenge. You must show valid legal grounds, such as lack of capacity, undue influence, fraud, duress, or improper execution. Simply being disappointed is not enough.
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Evidence depends on the grounds of your challenge. It may include:
Medical records or expert testimony for capacity claims
Witness statements for undue influence or duress
Copies of prior wills for comparison
Emails, letters, or communications indicating fraud or manipulation
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Yes. If only certain provisions are legally flawed, the court may strike those sections while keeping the rest of the will intact, if it reflects the testator’s overall intent.
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Yes. In some cases, families can resolve disputes through mediation, which is usually faster, cheaper, and less adversarial than going to trial. Judges may even encourage this before moving forward with a full hearing.
Moving Forward
Contesting a will doesn’t mean you’re creating drama; it means you’re ensuring your loved one’s true intentions are honored. Awareness gives you power and clarity. By understanding the common issues and what to look out for, you can act sooner, ask the right questions, and help keep family conflicts from spinning out of control. Probate disputes are tough, but knowing the red flags makes it easier to protect the testator’s wishes.