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When a loved one passes away, the hope is that their final wishes will be honored exactly as intended. Unfortunately, disputes sometimes arise, leading to what’s known as a contested will. Understanding the reasons for contesting a will and how to prevent them can help families avoid emotional turmoil, financial strain, and lengthy court proceedings.

Seniors and their families should address potential challenges early on. Taking this proactive step, with clear communication and proper legal guidance, can preserve family harmony and ensure the will stands up in court.

What Does It Mean to Contest a Will?

Contesting a will means legally challenging its validity. This is typically done by a spouse, child, or other heir who believes the document does not reflect the true wishes of the person who created it, legally referred to as the testator.

In New Jersey, a will can’t be contested by just anyone. Those who contest must have legal standing, meaning they would be affected by the outcome. The process involves filing a formal objection in probate court, presenting evidence, and, in some cases, going to trial.

While contesting a will can protect the rightful interests of beneficiaries, it’s often stressful, expensive, and time-consuming. That’s why understanding the most common causes of disputes and preventing them before they happen is key.

Common Reasons for Contesting a Will

Lack of Testamentary Capacity

One of the most frequent reasons for contesting a will is the claim that the testator lacked the mental capacity to make informed decisions.

To create a valid will, a person must understand:

• The nature and extent of their property
• Who their heirs are
• The effect of the will they are signing

If someone was suffering from dementia, Alzheimer’s disease, or another condition that impaired judgment at the time of signing, family members might challenge the document’s validity. Keeping thorough medical records and obtaining legal assistance during the drafting of the will can help establish capacity and prevent future disputes.

Undue Influence

Another common reason for contesting a will is undue influence. This occurs when someone manipulates or pressures the testator into changing their will for personal gain.

This could involve a caregiver, relative, or even a friend who isolates the individual or takes advantage of their trust. Signs of undue influence might include unexpected changes in beneficiaries, new wills made shortly before death, or large gifts to one person over others.

Having an experienced elder law attorney oversee the process helps ensure that all decisions are made freely and with full understanding.

Fraud or Forgery

Sometimes, wills are contested because a beneficiary believes the document was forged or signed under false pretenses. This can happen when someone tricks the testator into signing something they don’t fully understand or physically alters the will after it has been signed.

Ensuring that a will is properly executed in the presence of impartial witnesses and under the guidance of an attorney greatly reduces this risk.

Improper Execution

New Jersey law requires specific formalities for a will to be valid. It must be:

• Written and signed by the testator
• Witnessed by at least two individuals present at the time of signing

Failing to follow these steps can result in a will being declared invalid. Handwritten or “do-it-yourself” wills are especially prone to errors, making them vulnerable to legal challenges.

Ambiguities in the Will

When language in a will is unclear, open to interpretation, or conflicts with other documents, it can lead to disagreements among beneficiaries. Ambiguities might involve vague wording, outdated references, or contradictory provisions.

An elder law attorney can help draft precise, legally sound language that leaves no room for misinterpretation.

How to Avoid a Contested Will

Work with an Experienced Elder Law Attorney

The best way to prevent a contested will is to work with a qualified elder law attorney who understands both state law and family dynamics. They can ensure that the will is drafted correctly, properly executed, and consistent with other estate planning documents.

Communicate Your Intentions

Family members are far less likely to contest a will when they understand the reasoning behind its terms. While these conversations can be difficult, being transparent about your decisions can prevent resentment or confusion later.

Update Your Will Regularly

Life changes such as marriage, divorce, the birth of grandchildren, or the death of a beneficiary can all affect your estate plan. Outdated wills are one of the leading reasons for disputes. Reviewing and updating your will every few years, or after major life events, ensures it reflects your current intentions.

Use Proper Legal Formalities

Following New Jersey’s signing and witnessing requirements is essential. Having your attorney present for the execution adds an extra layer of protection, helping confirm your capacity and intent.

Include a “No Contest” Clause

Some wills include what’s called a “no contest” or “in terrorem” clause, designed to discourage challenges. It essentially states that if a beneficiary contests the will and loses, they forfeit their inheritance.

However, in New Jersey, these clauses are not enforceable if the person contesting has probable cause, a legitimate reason to believe the will is invalid. Even so, their inclusion can still serve as a deterrent and signal the testator’s clear intentions.

Protect Your Legacy 

At Waypoint Legal, we know how emotional and complex will disputes can be. Our experienced elder law attorneys are dedicated to helping families in New Jersey create legally sound estate plans that stand up to scrutiny.

We work closely with clients to draft clear, customized wills that reflect their wishes, prevent disputes, and ensure their loved ones are protected. Whether you’re creating a new estate plan or revising an existing one, we’ll guide you through every step with care, clarity, and professionalism.

Don’t leave your legacy open to interpretation. Schedule a consultation with Waypoint Legal today and take the first step toward peace of mind for you and your family.

Reasons for Contesting a Will FAQs

What does it mean to contest a will?
Contesting a will means legally challenging its validity, usually because someone believes it was created under improper circumstances.

Who can contest a will in New Jersey?
Only individuals with legal standing, typically heirs or beneficiaries, can challenge a will in court.

Can a will be contested if the person had dementia?
Yes, if there’s evidence that the person lacked mental capacity when signing, the will can be challenged on that basis.

How can I make sure my will isn’t contested?
Working with an elder law attorney, using clear language, updating your documents regularly, and communicating your intentions all help prevent disputes.

Are “no contest” clauses enforceable in New Jersey?
They can discourage challenges, but if the challenger has probable cause, the clause may not be enforceable.

How often should I update my will?
It’s wise to review your will every three to five years or after major life changes like marriage, divorce, or the birth of a child.