Challenging a Will in New Jersey Because of Undue Influence

By Fredrick P. Niemann, Esq. a New Jersey Will Contest Attorney

The inheritance rights of loved ones can be defeated if the maker of a will was under the undue influence of another.  To set aside a will on the basis of undue influence you must prove that:

1. There was an influence upon the testator,
2. This influence operated to overpower the deceased testator’s mind at the time the will was signed and;
3. The execution of the will by the deceased would not have occurred but for the undue influence.

The courts in NJ have examined the question of when “…the testator’s free agency was destroyed and …his will overcome by excessive opportunity,  or fraud, so that the written signed will does not, in fact, express the decedent’s wishes as to the disposition of his or her property, but those of the person(s) exercising the undue influence.”

The exercise of undue influence may be accomplished in many different ways, directly and forcibly, as at the point of a gun; but also by fraud, deceit, inducement and subtle but devious conduct.

Contact me personally today to discuss your New Jersey will contest matter.  I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns.  You can reach me toll free at (855) 376-5291 or e-mail me at fniemann@hnlawfirm.com.