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What if A Will Is Contested? | What to Know About NJ Wills

April 12, 2021

A will can be a document difficult to create. It is an incredibly important and sensitive document that will ensure that an individual’s wishes are carried out in the event of his or her passing. As a result, most people enlist the help of an experienced estate planning attorney to help them create and file their will correctly. This helps to ensure that the will is legally sound and will be utilized in the event of one’s passing. If you are interested in creating a will and beginning the estate planning process, contact our firm today.

Most of the time, a will is created in a way that makes it difficult to contest. Even so, sometimes family members and other beneficiaries may attempt to contest a will, sometimes leading to litigation. Read on to learn more about why someone might attempt to contest a will and the process that may follow.

What Are Some Reasons One Might Contest a Will?

There are a few reasons one may choose to contest a will. Someone may contest a will if they believe there is an issue with the will, they did not get a fair share, etc. A will can be contested by the executor of the will, any heirs, spouses, creditors, or anyone else with a property right in or claim against the estate. Below are the reasons a will would be found invalid:

  • If it was created under the influence of another party

  • If the deceased was not mentally competent when writing the will

  • If the will was not executed properly

  • If fraud or forgery took place

What Happens if A Will Is Contested?

If the court agrees that the will is invalid, the document may be thrown out. If there is no other will, the deceased individual’s assets can be distributed by the state of New Jersey through a succession plan.

Contesting a will can be a difficult process. In the event of a loved one’s passing, the last thing you want to do is take legal action. But, it is important that you and your family get the assets that you deserve, and that your loved one intended for you to have. If you or someone you know is looking to contest a will, contact our firm today.

Contact Our Experienced New Jersey Firm

Juan C. Velasco, Esq. is a trusted attorney who concentrates on bankruptcy, family law, real estate, and estate matters who has been serving the New Jersey area for over 20 years. That is why we are confident we have what it takes to provide you with the effective legal counsel you need. If you need experienced legal counsel, please contact Velasco Law Office and we will be happy to assist you.