It is permitted, in Stratford, New Jersey, to go to court and claim that a will is invalid, in some cases. This is called a Will Contest.
Occasionally, testators leave out of their wills people who might naturally expect to inherit a significant portion of the testator's estate (spouses and children, for instance). This might lead them to assume, truthfully or not, that the will was some kind of mistake.
If there is a large amount of money or property at stake, a family member who was left out of the will might find it to be worth the time or money to contest it.
You should remember that a will contest often results in adversarial legal proceedings, which can be very combative. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.
When Can a Will be Contested in Stratford, New Jersey?
There are various reasons that a Stratford, New Jersey court might hold a will to be invalid.
To be valid, a will must be a product of the testator's own free will. So, a will that the testator was forced or tricked into making is not valid, if the probate court finds out about the duress or trickery. Of course, wills are typically made many years before a person dies, so how can a person expect to prove duress or fraud if they suspect it? To begin with, it's not easy. It is possible, however. First of all, it's good to have as much documentation of the testator's affairs as possible. Any written statements concerning their desires on this matter will also be very useful, if there are any. Also, if the suspect gift is totally out of left field (property is left to someone that you know the testator didn't like, or barely knew, for instance), this might also support your position that the will was invalid. Of course, the testator can leave his or her money to whomever they want, so these facts, by themselves, will not be enough to prove fraud or duress.
Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or heavily intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be shown.
There are many other facts that might make a will invalid, and therefore serve as grounds to contest a will. If a will is effectively contested in Stratford, New Jersey, and held to be invalid, this usually results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.
Can a Stratford, New Jersey Contested Will Attorney Help?
Contesting a will can be a difficult, emotional, expensive, and time-consuming process. There is really no way around this. However, a reputable Stratford, New Jersey wills and estates attorney can minimize these problems, and make the process as painless as possible.