Contesting a Will in New Jersey - Christine Matus

From The Matus Law Group – Contesting a Will in New Jersey offers a thoughtful and informative guide for those navigating the complexities of challenging a will in the Garden State. This episode explores what it means to formally contest a will, outlines who qualifies as an “interested person” under New Jersey probate law, and breaks down the steps required to initiate and pursue a legal challenge in court. The episode is based on the article Contesting a Will in New Jersey by The Matus Law Group and offers practical insights for individuals dealing with estate concerns.

The conversation begins by explaining how will contests work in New Jersey probate court. Listeners will learn about the strong legal presumption that a properly executed will is valid, and what it takes—legally and evidentially—to overcome that presumption. We delve into key legal terms like lack of testamentary capacity, undue influence, fraud, and improper execution, and explain how each can serve as grounds for invalidating a will. You’ll also hear why filing a caveat before probate begins—or a formal complaint afterward—can significantly affect the outcome of a contest.

We continue by identifying who actually has the right to contest a will. Not everyone is eligible. Beneficiaries named in the will, heirs-at-law under New Jersey’s intestacy statutes, and certain creditors may qualify to bring a challenge. We break down the differences among these roles and explain the importance of legal standing. The episode also covers critical filing deadlines—four months for New Jersey residents and six months for non-residents—and clarifies the court system’s structure, including when the Surrogate’s office or Superior Court handles the matter.

Finally, the episode wraps up with a look at what happens when a will is successfully contested. Whether the result is reverting to a previous will or following intestacy laws, the shift can be significant. We also explore how no-contest clauses work under New Jersey law, and when attorney’s fees might be awarded if a challenge was brought in good faith. Although The Matus Law Group does not litigate will contests, their guidance in estate planning and probate matters remains a valuable resource for families during difficult times.

The Matus Law Group

125 Half Mile Rd #201A, Red Bank, NJ 07701

(732) 785-4453

https://www.google.com/maps?cid=3241702663730814860