If you are considering challenging a decedent’s last will and testament, this article will provide a general overview as to three potential challenges which can be levied against a decedent’s purported last will and testament. Each sub-topic is capable of further expansion; however, this article is designed to provide an introduction as to three legal theories upon which a contestant might proceed.
Undue Influence
One way to challenge a decedent’s will is based on an allegation that an individual improperly influenced the decedent to execute a will which benefited them to the exclusion of others. In such instances, it must appear that the will that was executed conflicted with the decedent’s long-stated plans concerning the distribution of their estate, and instead, appeared to reflect the wishes and desires of the person who unduly influenced the decedent. To prevail on such a claim, a party will have to demonstrate that the decedent’s wishes and desires were overcome entirely by the person who influenced them to draft a will which benefited them directly or indirectly. The necessary proof in such a challenge would require first-hand witness testimony concerning observations of the improper influence asserted over the decedent, and further, the execution of a will which was contrary to what the decedent had previously expressed concerning their estate plans. Absent proof of such undue influence, the decedent’s last will and testament will survive challenges to its validity.
Lack of Capacity
Another way to challenge a will is to contend that the decedent lacked the required mental capacity to be able to execute their last will and testament. It should be noted that the necessary capacity to execute a last will and testament is actually quite a low bar. As a result, any challenges based upon lack of capacity of the decedent must be supported by first-hand witness testimony, but moreover, medical records which evidence that the decedent was suffering from mental incapacity at the time the last will and testament was executed. Such challenges are often very technical in nature and depend heavily upon medical testimony and medical records. At times, challenges to mental capacity are linked to challenges related to undue influence and may be intertwined.
Insufficient Document to Qualify as a Will
The final way to challenge a will that we will discuss in this article is a challenge to the writing itself by stating that the last will and testament does not comply with the statutory requirements to be considered a will, as defined by N.J.S.A. 3B:3-2. Although this statute has formal requirements for a will to be considered valid, it also has fairly broad exceptions which allow documents which do not satisfy the statutory requirements to still be considered wills. The way that the law is written, as well as interpreted by the courts, is to try to grant lenience for a document to be considered a decedent’s last will and testament provided there is sufficient evidence which would support this finding. Nonetheless, there are times when a document which is offered as a decedent’s last will and testament does not comply with the statute, and therefore, it can be deemed invalid.
This article was only drafted to provide a quick oversight as the three potential ways to challenge a last will and testament. Each subcategory can be explored in greater detail with more nuances being explained. At this juncture, however, if you are considering attacking a last will and testament you should consult with competent counsel to discuss which avenue may be the best way to challenge such a writing.
