Blog

No one likes to think about family conflict, especially when it comes to the legacy you leave behind. Unfortunately, disputes over wills are more common than many realize. A contested will can delay the probate process, strain family relationships, and lead to expensive legal battles. The good news? There are practical and proactive ways to help minimize the chances of your will being contested.

Understanding what causes a will to be contested and how to prevent it can go a long way in protecting your final wishes and offering peace of mind to your loved ones.

What Is a Contested Will?

A contested will occurs when someone challenges the validity of the document during probate. This typically happens when a beneficiary, family member, or other interested party believes the will doesn’t reflect the true intentions of the person who passed away. In New Jersey, probate courts handle these disputes, and they can significantly delay the distribution of assets.

Common outcomes of a contested will include the court voiding certain provisions, upholding an earlier version of the will, or, in some cases, declaring the entire document invalid.

Why Wills Get Contested

While every situation is different, several common reasons tend to lead to will contests:

Lack of Capacity
A person must be of sound mind when signing their will. If someone believes the individual didn’t understand the nature of the document or the extent of their assets at the time, they may argue that the will is invalid due to a lack of testamentary capacity.

Undue Influence
If someone pressured or manipulated the person into changing their will, that could be considered undue influence. This often involves a caregiver, friend, or relative who isolates the person and persuades them to make favorable changes under duress.

Fraud or Forgery
If the will was altered or signed under false pretenses or if someone forged a signature, it’s grounds for the will to be contested.

Improper Execution
New Jersey law requires specific formalities when creating a valid will, including witness signatures. If these rules aren’t followed, the will could be challenged and potentially invalidated.

Ambiguities or Contradictions
Vague language or conflicting clauses in the will can leave room for interpretation and legal challenges.

How to Prevent a Contested Will 

While there’s no absolute way to guarantee your will won’t be contested, there are several practical steps that can dramatically reduce the likelihood of disputes.

Work with an Experienced Elder Law Attorney
Trying to create a will using online forms or DIY templates might save money upfront, but it can cost much more later if your wishes are unclear or improperly documented. An elder law attorney understands the legal requirements and the unique needs of older adults. They can ensure your will is properly drafted, witnessed, and signed in compliance with New Jersey law.

Be Transparent with Loved Ones
Talking to your family about your estate plan might feel uncomfortable, but open communication is often one of the best ways to avoid surprises and misunderstandings later on. Explain your intentions while you’re able to do so clearly and calmly. Even if everyone doesn’t agree with your decisions, they’ll at least understand that they were made with intention and clarity.

Document Your Mental Capacity
If you suspect your decisions might be questioned in the future, take proactive steps to show that you were of sound mind when creating your will. This might include a letter from your physician or even a video recording of you signing the document and discussing your decisions. It’s one more layer of protection to support your intent.

Avoid Unexplained Disinheritance
Leaving someone out of your will, especially a close relative, can raise red flags. If you plan to disinherit someone or leave unequal shares, consider writing a letter of intent explaining your reasons. This letter can be stored with your will and may help the court understand your intentions if a challenge arises.

Include a No-Contest Clause—But Understand Its Limits
A no-contest clause (also known as an “in terrorem” clause) is a provision in a will that discourages beneficiaries from disputing it by stating that anyone who challenges the will and loses will forfeit their inheritance. However, in New Jersey, such clauses are generally unenforceable if the challenger has probable cause for contesting the will. While not a foolproof deterrent, including one may still discourage frivolous claims.

Update Your Will Regularly
A will should reflect your current circumstances. Major life events like marriage, divorce, births, deaths, or the sale of assets may warrant updates to your estate plan. Keeping your documents current shows clear, consistent intent and reduces the risk of confusion.

Elder Law Guidance from Waypoint Legal

Planning for the future can feel overwhelming, especially when you want to ensure your wishes are honored and your loved ones are protected. At Waypoint Legal, we understand the nuances of elder law and how to safeguard your estate plan from unnecessary disputes.

Our team helps families create clear, comprehensive, and enforceable estate plans designed to stand up to scrutiny. From wills and trusts to powers of attorney and advance directives, we take a personalized approach to meet your unique needs.

Don’t leave your legacy vulnerable to court challenges and conflict. Let our experienced elder law attorneys help you prepare a will that gives you confidence and gives your family clarity.

Contact Waypoint Legal today to schedule a consultation. We’re here to guide you every step of the way.

Contested Will FAQs

What does it mean to contest a will?
Contesting a will means legally challenging its validity in probate court, usually due to concerns about the person’s mental capacity, undue influence, or improper execution.

Why would someone contest a will?
Common reasons include believing the will was created under pressure, the person lacked mental capacity, or the will was improperly signed or witnessed.

Can a no-contest clause prevent legal disputes over a will in New Jersey?
Not necessarily, New Jersey generally does not enforce no-contest clauses if the person challenging the will has probable cause.

What can I do to avoid my will being contested?
Working with an elder law attorney, maintaining transparency with loved ones, documenting your decisions, and regularly updating your will can all help prevent disputes.

Does disinheriting someone increase the risk of a contested will?
Yes, leaving someone out of your will without explanation may raise suspicion. Including a letter of intent can help explain your reasoning and reduce challenges.

How often should I update my will?
You should review and update your will after major life changes or at least every few years to ensure it stays current and enforceable.