When a loved one passes away, most families hope for closure, not conflict. But sometimes, a will raises questions that can't be ignored. Maybe it leaves someone out without explanation. Maybe it was changed suddenly, under circumstances that seem suspicious. Or maybe it simply doesn’t reflect what your loved one always said they wanted.
At Ritigstein Law, we know how disorienting these situations can be. We've guided many clients through the process of contesting a will in New Jersey, helping them understand their rights, protect what’s legally and rightfully theirs, and navigate the law without adding more unnecessary conflict.
In this guide, we’ll explain when and how a will can be legally challenged, the key steps involved, and why it’s essential to reach out to a New Jersey estate litigation attorney before crucial legal deadlines pass.
Can a Will Be Contested in New Jersey?
Yes. A will can be legally challenged in New Jersey when there’s reason to believe it is invalid under the law. Although a will is meant to express a person’s final wishes, it must be made voluntarily, by someone with the mental capacity to do so, and executed in accordance with New Jersey law.
Grounds for contesting a will may include:
Undue Influence
Conduct constitutes undue influence when someone manipulates or pressures the testator (the person making the will) into making changes that do not reflect their independent intent.
Lack of Testamentary Capacity
If the testator did not understand what they were signing due to cognitive impairment, illness, or other conditions, the will may not be valid.
Fraud or Forgery
If the signature was forged or the will was signed based on misinformation or deceit, it is not legally enforceable.
Improper Execution
New Jersey requires wills to be properly signed and witnessed. Failure to follow these formalities may render the document invalid.
In addition to proving one of these legal grounds, you must also have standing to contest the will. This means you must have a direct, personal stake in the outcome. You may have standing if:
- You’re named in the current or a previous version of the will
- You would inherit under New Jersey’s intestacy laws if the will were deemed invalid
- You’re a creditor with a valid financial claim against the estate
The Legal Process for Contesting a Will in NJ
If you're considering a will contest, here’s a general overview of what to expect:
1. Consult with an Estate Litigation Attorney
Before taking formal steps, speak with a lawyer who focuses on estate litigation. They can assess your concerns, determine whether you have legal standing, and help evaluate whether there are sufficient grounds for a challenge.
2. File a Caveat or Verified Complaint
If the will has not yet been probated, your attorney may file a caveat with the local Surrogate’s Court to prevent the estate from proceeding. If the will has already been admitted to probate, your lawyer will file a verified complaint in the Superior Court’s Chancery Division to formally contest its validity.
3. Gather Supporting Evidence
A successful will contest requires more than doubt. It demands solid legal evidence and a focused strategy. Relevant evidence may include:
- Medical records reflecting the testator’s mental capacity
- Emails, letters, or texts showing coercion or undue influence
- Witness testimony
- Earlier versions of the will that show changes over time
- Financial records pointing to manipulation or inconsistencies
An experienced attorney will help you identify, preserve, and present this evidence in a way that supports your case, whether through negotiation or litigation.
4. Discovery and Resolution
Once a complaint is filed, the case enters the discovery phase, where both sides exchange documents, conduct depositions, and, in some cases, bring in expert witnesses. Many disputes are resolved at this stage through negotiation or mediation. If no resolution is reached, the case proceeds to court for a judge’s decision.
What Happens If the Will Is Invalidated?
If the court finds the will is not legally valid, one of two outcomes typically follows:
- A previously validated will may be reinstated.
- If no earlier will exists, the estate is distributed under New Jersey’s intestacy laws, which determine heirs based on legal familial relationships. This could mean assets pass to distant relatives or exclude individuals your loved one may have intended to benefit.
Either scenario can lead to a significantly different distribution than what the contested will outlined. That’s why it’s important to understand both the legal and financial implications of moving forward.
Time Limits: When You Must Act
Strict deadlines apply in New Jersey:
- Residents of New Jersey must file their objection within four months of the will being admitted to probate.
- Non-residents have six months from the date of probate.
Failing to act in time can result in losing your legal right to challenge the will. In rare cases, courts may allow a short extension for good cause, but it’s best not to rely on that option. Early legal consultation is essential.
Why Legal Guidance Matters
Contesting a will is about more than just legal technicalities. It often means stepping into an emotionally charged situation where trust has been shaken or where something no longer feels right. Whether you're dealing with suspected undue influence, concerns about last-minute changes, or questions of capacity, the process can be difficult to navigate alone, especially while grieving or unsure whom to trust.
At Ritigstein Law, we help clients approach these situations with clarity, practical guidance, and a steady focus on protecting their legal rights and peace of mind. Our goal is to resolve complex estate matters with as little added conflict as possible while honoring what truly matters.
Why Families Turn to Ritigstein Law for Estate Disputes
From our office in Haddonfield, attorney Michael D. Ritigstein serves clients throughout South Jersey and across the state, including Burlington, Camden, and Gloucester Counties. With a background in estate litigation and a solutions-focused mindset, Michael brings calm, informed direction to what can be a highly personal and overwhelming process.
Whether you’re questioning a will, concerned about family dynamics, or simply unsure of your legal options, Ritigstein Law is here to help you move forward with confidence.
Contact Ritigstein Law to Discuss Your Estate Dispute
If something about the will or the way the probate process is unfolding doesn’t feel right, trust your instincts. New Jersey imposes strict deadlines, and waiting too long could limit your options.
Reach out to Ritigstein Law today to schedule a confidential consultation. We’ll listen carefully, answer your questions clearly, and help you take the next step with guidance you can rely on.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every estate dispute is unique, and the laws may change. To understand your legal rights and options, contact a licensed New Jersey estate litigation attorney.
