by Fredrick P. Niemann, Esq. a New Jersey Will Contest Attorney
In New Jersey you have the right to challenge the probate of a Will. Wills may be invalidated in New Jersey due to technical errors in the formalities of its execution, despite the clear intent by the testator, and without an opportunity to correct technical errors. New Jersey law however, favors the recognition and enforcement of a Last Will and Testament whenever possible.
The decision for or against the validity of a Will often relies upon presumptions, and case law that may frustrate important evidence and frustrate the intent of the testator.
The risk of a judge imposing his or her own beliefs about the fair distribution of assets, rather than deferring to the freedom of the testator to dispose of property as the testator sees fit, even if unusual, is always a concern but most Judges I appear before resist this temptation. The wishes of the testator are given strong weight.
But because the testator is not available to testify, the Judge must often rely on secondary and indirect evidence, inferences, and speculation to arrive at a decision.
These evidentiary problems, and the burden placed on the proponent of the will to prove capacity, give a tactical advantage to persons bringing frivolous claims.
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 email@example.com.