Contested Wills in Cherry Hill, New Jersey

Find the right Contested Wills attorney in Cherry Hill, NJ

It is possible, in Cherry Hill, New Jersey, to go to court and claim that a will is invalid, in some cases. This is called a Will Contest.

A will is normally contested when a family member who expected to inherit a large amount of money or property are disappointed with the contents of the will, especially if the testator's motives are not clear. They will often assume that the will must be a forgery, or a result of fraud or force.

If a massive amount of money or property is being given away, the person left out of the will could reasonably conclude that the cost and time of a court challenge is worth it.

As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and expensivee. It also has the possibility to damage family relationships and foster strife among people who are already mourning the loss of a loved one.

When Can a Will be Contested in Cherry Hill, New Jersey?

Of course, a Cherry Hill, New Jersey court will not invalidate a will without a very good reason, but there are some instances which render a will clearly invalid.

For example, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Therefore, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be honestly voluntary unless the testator knows what they're doing. Accordingly, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

So, you've succeeded in contesting the validity of a Cherry Hill, New Jersey will. What happens to the property that was going to be distributed according to its terms? Typically, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Normally, this simply means that the assets will be passed on to their owner's closest living relative, usually a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Thus, the old will can be given effect.

Can a Cherry Hill, New Jersey Contested Will Attorney Help?

Because a will contest can sometimes involve perplexing legal and factual questions, as well as some very raw emotions, a skilled Cherry Hill, New Jersey attorney can be invaluable in helping this process go as smoothly as possible.

Talk to a Wills, Trusts and Estates Law Attorney now!

Life in Cherry Hill

Cherry Hill is located in New Jersey's Camden County. It is the thirteenth largest city in the state and is home to around 70,000 people. Cherry Hill is included in the Delaware Valley coastal plain. The city is about five miles outside Philadelphia, Pennsylvania. In fact, some call Cherry Hill the "edge city" of Philadelphia.

The top employers are Subaru of America, Pinnacle Foods, and Commerce Bancorp. A popular site for residents and visitors is Cherry Hill Mall. This mall is distinguished from others because it was the first enclosed shopping mall in the eastern United States. It opened in October 1961.

In 2006, Money Magazine named the city amongst the "Best Places to Live." Money Magazine also ranked it the eighth safest city to live in. Philadelphia Magazine, in 2006, named Cherry Hill amongst the "Best Places to Live" as well.

Many attorneys call Cherry Hill home. Along with safety, residents can also remain rest assured because any and every of their legal inquiries can be adequately handled by the legal force in Cherry Hill.

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