Contesting a Will in New Jersey

In New Jersey, a will can be challenged by someone with a financial interest in the estate, on grounds such as lack of testamentary capacity, undue influence, improper execution, or fraud. Before the will is probated, you can file a caveat with the county Surrogate; after probate, the challenge is brought in the Superior Court, Chancery Division, Probate Part, generally within four months if you live in New Jersey or six months if you live elsewhere (R. 4:85-1). The deadlines are short and strictly applied.

This page is for both sides: family members who believe a will is not what the person really wanted, and executors who have to defend one.

Who can contest a will in New Jersey?

Generally, only someone who would gain if the will were set aside. That usually means:

• A relative who would inherit under the intestacy statute if there were no valid will
• A beneficiary under an earlier will who received less, or nothing, under the later one
• Sometimes a beneficiary who objects to a particular provision or codicil

Being unhappy with your share is not a ground on its own. A parent can generally leave an adult child less than their siblings, or nothing, if the will was validly made. (A surviving spouse is different: the elective share may be available even if the will is valid.)

What are the grounds for contesting a will?

• Lack of testamentary capacity. The person did not understand, at the time of signing, the nature and extent of their property, who their natural beneficiaries were, and what the will would do. The standard is modest; a diagnosis of dementia does not automatically mean a lack of capacity, and the focus is on the moment of signing.
• Undue influence. Someone overpowered the person's free will and substituted their own wishes. Under Haynes v. First National State Bank (1981), a presumption of undue influence arises when the beneficiary had a confidential relationship with the person (for example, a caregiver or a child managing a parent's finances) and there are suspicious circumstances, such as the beneficiary arranging the lawyer or being present when the will was signed. The burden then shifts to the will's supporter to rebut it.
• Improper execution. The will was not signed and witnessed as New Jersey law requires. Our page on making a valid will in New Jersey covers the formalities.
• Fraud or forgery. The person was deceived about the document or its contents, or the signature is not genuine.
• Revocation. The will offered for probate was later revoked, by a new will or by being destroyed with the intent to revoke it.

Evidence often includes medical records, testimony from the lawyer who prepared the will and the witnesses, financial records, and the history of the person's earlier wills.

What is the deadline to contest a will in New Jersey?

Before probate: the caveat

If you know a will is about to be probated and you object, you can file a caveat with the Surrogate in the county where the person lived. It stops the Surrogate from admitting the will in the ordinary way, and the dispute moves to the Superior Court.

After probate: the four- or six-month window

Once a will is admitted, a challenge must generally be filed in the Superior Court, Chancery Division, Probate Part within four months if you live in New Jersey, or within six months if you live outside the state (R. 4:85-1). Courts enforce these limits strictly. If you have received a notice of probate and have concerns, do not wait. See how probate works in New Jersey for where the notice fits in.

What if I am the executor defending the will?

An executor generally has a duty to offer the will for probate and to defend it in good faith. Practical steps:

• Preserve the original will, the drafting lawyer's contact information, and records about the signing
• Identify the witnesses and gather medical and financial records from around the time the will was signed
• Keep administering the estate carefully and keep thorough records, since the challenge may also question your conduct
• Avoid distributing assets while the challenge is pending without legal advice

Reasonable legal fees for a good-faith defense are generally paid from the estate. Many will contests resolve through negotiation or mediation, which can preserve both the estate and family relationships.

What other estate disputes come up?

• Demands that an executor provide a formal accounting
• Requests to remove an executor or trustee for mismanagement, delay, or conflicts of interest
• Claims of breach of fiduciary duty against an executor, trustee, or agent under a power of attorney
• Disputes over what an ambiguous will provision means
• Challenges to joint accounts, beneficiary designations, or lifetime transfers made shortly before death
• Trust disputes, including claims that a trust was changed under undue influence

Talking to a lawyer about your situation

Estate disputes combine short deadlines with strong feelings. A lawyer can help you assess whether a challenge has a real basis, what it would involve, and whether a negotiated resolution makes more sense, or, if you are the executor, how to defend the will while keeping the estate moving.

Gray Law Group is in Jefferson and represents beneficiaries, family members, and executors in estate matters throughout Morris, Sussex, Warren and Passaic counties and northern New Jersey. If you have concerns about a will or an estate, we would be glad to hear what happened.