A final will and testament is meant to honor the wishes of the deceased. Unfortunately, conflicts can arise. Disputes over wills can create conflict among family members and delay the distribution of an estate.

A Manalapan Township contested wills lawyer understands the challenges of will disputes, especially immediately after the death of a loved one, and the importance of resolving them correctly in court. An experienced Wills attorney from our team could vigorously represent your interests in your search for justice.

Who Can Contest a Will?

To challenge a will in court, a person must have legal standing. Generally, those with standing are named in the will or would inherit if it is declared invalid.

Named Beneficiaries

Named beneficiaries have the right to challenge the will. They may contest the will if they feel their inheritance is adequate. For example, if a decedent left a small portion of their estate to one child, but left the rest of their estate to another, the child who received less may dispute the will.

Heirs at Law

Those entitled to inherit as heirs at law under state intestacy guidelines also have legal standing. For instance, if the decedent did not name their surviving spouse in the will, that spouse would have standing because they would have inherited had there been no will.

Beneficiaries Under a Prior Will

If someone was a beneficiary in a prior version of a decedent’s will but left out of the new one, they would have standing to contest it. Similarly, if someone named in the new will received a significantly larger bequest in a prior will, they would also have standing to dispute the new will.

A trusted member of our Manalapan Township legal team could meet with you to review whether you have legal standing to contest the will.

Legal Grounds for Disputing a Will

Merely disagreeing with the terms of a will is not sufficient to win a dispute. To be successful, you must have valid legal grounds to dispute the will’s validity.

Lack of Testamentary Capacity

Someone could argue that the decedent lacked the capacity to execute their will. They would need to prove that the deceased person did not understand the terms of the will because they suffered from a serious physical or mental illness, dementia, or incapacity due to alcohol or drugs.

Undue Influence or Coercion

If someone named in the disputed will convinced the decedent to change a prior will to benefit themselves, they may have exerted undue influence, particularly if they were in a confidential relationship with the decedent and there were suspicious circumstances.

Fraud

Someone could argue that the decedent’s signature was forged or that there was other evidence of fraud.

Improper Execution

If the decedent did not sign the will or have it properly witnessed in accordance with state law, it may be invalid.

A knowledgeable Manalapan Township attorney could review the circumstances surrounding the will to determine whether there are any valid legal grounds to contest it.

Speak With a Manalapan Township Attorney About Contesting a Will

A will contest is an emotional and complicated process. Our experienced legal team skillfully represents executors, named beneficiaries, and other heirs who believe they were wrongfully deprived of their inheritances.

Call a Manalapan Township contested wills lawyer from our team today. We could work tirelessly to protect your rights and interests.