New Jersey Contested Will Attorney

How Wenarsky & Goldstein Handles a Contested Will in New Jersey

Few legal matters are as personal or complicated as a contested will. At the Law Offices of Wenarsky and Goldstein, LLC, we’ve dedicated our practice to supporting New Jersey families as they face these critical moments with confidence, skill, and genuine care. 

Our approach is built on the belief that contested will cases demand a thorough legal strategy and deep respect for the emotions at play.

When you partner with our firm, you can expect:

• In-depth evaluation: We listen carefully and thoroughly analyze your circumstances before proposing any path forward. By exploring all available evidence and documentation, we can present a clear, honest picture of your case’s strengths and weaknesses.
• Evidence gathering and preservation: We quickly secure documents, gather medical or witness testimony, and consult with trusted professionals when their opinions are required.
• Strategic negotiation: Many cases resolve through careful negotiation rather than trial. We’re skilled mediators, able to protect your legal and personal interests while often preserving vital family bonds.
• Standing by you in court: If litigation is unavoidable, our attorneys are seasoned in the New Jersey probate courts, presenting your story clearly and persuasively, with meticulous preparation.
• Local knowledge: We offer local insight that can avoid unnecessary hurdles and maximize the efficiency of your case. Our knowledge of local laws, court procedures, and family dynamics in New Jersey allows us to deliver effective, tailored solutions to every client we serve.
• Compassion and responsiveness: We understand the grief and anxiety that often surround will disputes. Our approach is strategic and kind, offering support and legal protection.

Every contested will case is different. Some involve a family member who was left out without explanation. Others question whether the person who made the will was mentally sound.

We look at the full picture before we recommend any course of action.

A Comprehensive Guide to Will Contests in New Jersey

Contesting a will isn’t simply about disagreeing with its contents. In New Jersey, a will can only be challenged on recognized legal ground.

The recognized legal grounds for contesting a will in New Jersey include:

• Lack of Testamentary Capacity: For a will to be valid, the testator needs to fully understand the nature of their actions. That means knowing they’re making a will, grasping the extent of their assets, being aware of their natural heirs, and comprehending the consequences of their choices.
• Undue Influence: Sometimes, another person’s pressure replaces the testator’s true wishes with their own desires. This can occur when the deceased was frail, isolated, or reliant on someone else’s care. 
• Fraud or Forgery: Allegations of fraud can stem from misrepresentations about the will itself, forged signatures, substituted pages, or deliberate deceit.
• Improper Execution: According to New Jersey law, the will should be in writing, signed by the testator or their designee in their presence, and witnessed by at least two adults.
• Duress: Unlike undue influence, duress means the testator acted out of fear caused by threats of harm, abandonment, or deprivation of essential care. This makes the will a product of coercion rather than choice.
• Revocation or Later Will: Sometimes, evidence surfaces that a subsequent will, codicil, or physical destruction has revoked the contested document. 

Additionally, only certain people may contest a will: named beneficiaries, individuals included in former versions of the will, those eligible to inherit under intestacy laws, and creditors with a valid claim.

The Legal Process of Contesting a Will

Contesting a will in New Jersey involves a series of defined legal steps. Here’s what you can expect if you’re considering a will contest, or if you’re defending a will against claims from others:

1. Filing the Initial Petition:

The first step is submitting a formal complaint or “caveat” to the surrogate’s court in the county where the decedent lived. Timing is critical:

• If you act before probate, a caveat can prevent the initial acceptance of the will.
• If you file after probate, you typically have four months from the date probate is granted (or up to six months if you did not receive notice).

Your filing should specify legitimate legal grounds, such as lack of capacity, undue influence, fraud, or improper execution, and include supporting evidence.

2. Discovery Phase:

The court moves to the discovery process once an objection is filed. Both sides gather key information by requesting documents, deposing witnesses, consulting medical or handwriting professionals, and submitting written questions. This phase is often the lengthiest and most intensive, as the facts and testimony gathered here form the foundation of your legal strategy.

3. Settlement and Pre-Trial Negotiations:

Some will contests are resolved outside of court through summary judgment, mediation, or direct settlement talks. These approaches can save time and stress while allowing families to resolve disputes collaboratively. At the Law Offices of Wenarsky and Goldstein, LLC, we leverage negotiation and mediation when possible to protect your interests while minimizing family tension.

4. Trial:

If a settlement isn’t reached, the will contest proceeds to trial, most often in the Probate Part of New Jersey’s Chancery Division. Both sides present opening arguments and evidence, and the proponent of the will (its defender) and the contestant (challenger) are required to make their respective cases. 

Evidence of undue influence, lack of capacity, or other grounds is presented through testimony, documents, and professional opinions.

5. Possible Outcomes:

After reviewing the record, the judge may:

• Uphold the entire will’s validity
• Invalidate the will in whole or in part
• Approve a settlement between the parties

If either party believes the decision was legally incorrect, they have 45 days to file an appeal with the Appellate Division. The appeals process focuses on whether procedural or legal mistakes were made,  not on re-trying the facts.

We encourage you to seek counsel early if you’re considering contesting a will or believe you need to defend a loved one’s wishes amidst a dispute.

Meet the Reliable Estate Planning Attorney in New Jersey

Estate planning decisions carry lasting consequences for you and your family, so it matters who’s guiding you through them. Scott J. Goldstein, Esq., founder and principal attorney at the Law Offices of Wenarsky & Goldstein, LLC, has practiced law since 2004 and is admitted before the courts of New Jersey and New York, as well as the U.S. District Courts for the District of New Jersey and the Southern and Eastern Districts of New York.

Scott earned his Juris Doctor, cum laude, from Duke University School of Law and holds a B.A. with honors from Haverford College. He is a member of the American Bar Association, the American Inns of Court, the Bankruptcy Inn of Court, and the National Association of Consumer Bankruptcy Attorneys. He has also lectured other attorneys on bankruptcy law through Lawline.com, a leading provider of online continuing legal education, and volunteers his time representing indigent debtors through Legal Services of Northwest Jersey.

From the firm’s North Jersey offices, Scott and his team guide families and business owners across the region through every stage of estate planning, from foundational wills and trusts to elder law, probate, and estate litigation matters.