![]() ![]() New Jersey’s specifications address both situations where the deceased created a formally documented, notarized will as well as situations where the deceased left only a handwritten record of their last intentions. ![]() The conditions that make a will valid will vary from state to state. Otherwise, certain conditions must be met to determine its veracity. It must also be signed by at least two witnesses. The will must be in writing, signed by the testator or by someone else at the testator’s direction and in their presence.The testator, or person making the will, must be at least 18 years old and of sound mind.In New Jersey, there are three conditions to make a will valid: So, if you believe that you have a valid case, seek help right away.A last will and testament names a representative to manage your affairs upon your death and ensures that your assets are distributed according to your wishes. Deadlines are as short as six months from the date a will goes to probate. If you miss a filing deadline, your case is over. Many cases settle by agreement sometime during this process. He or she will prepare the necessary documents, file with the court, serve all of the necessary parties, gather and present the admissible evidence, deal with any opposition and ask the court to rule. If you have an interest that gives you standing and have or know about sufficient evidence for grounds to challenge a will, the next step is to hire an attorney with will contest experience. Several types of evidence are often seen in will contests. While not a direct will challenge, they allow a spouse to take assets regardless of what their spouses’ will says. These elections all have deadlines that begin with the date of death. Spouses can also elect to file a Homestead Allowance, Family Allowance or Exempt Property Allowance. Fraud or misrepresentation constituting undue influenceĪfter the death of a husband or wife, the survivor has a right to elect a “marital share” of the deceased spouses’ “augmented estate,” if the will provides too little.The mental incapacity of the will’s creator due to mental illness or substance abuse.Threats of violence, or coercion that could lead to a finding of duress and undue influence.Breaches of fiduciary duty, perhaps involving the self-interest of someone with power of attorney or of a caretaker.They tend to think about the cases that involve fraud or manipulation, and some of these challenges to the will’s intent may involve: While it may be simplest to challenge a will on these technical issues, many people think of will contests in other terms. You can find many examples of the ways a will can fail to follow the rules. Many people challenge wills by identifying the faults in their construction. There are a variety of reasons you might challenge a will, but they generally reflect one of three ideas: That the will was not properly created, that it does not accurately reflect the wishes of the deceased because of “undue influence” or that the testator lacked mental capacity to make a will. What Grounds Does Virginia Recognize For A Will Contest? Surviving spouses may “elect against the will” and have additional rights, beyond those of an heir. You also have an interest if you were not named in the will but would have inherited a portion of the estate if it were distributed to heirs according to the laws of intestacy. You have a legal interest in an estate if you are named in the will or named in a prior will. If you have both an interest and reasonable legal grounds, you need to file a complaint within the applicable time limit or you can appeal the Probate Order of the Circuit Court Clerk. You must have an interest or a potential interest in the estate (this gives you “standing”) and a legal basis for your challenge. You must satisfy two requirements to contest a will in Virginia. ![]()
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