Results-Oriented Legal Services

Why might a will be challenged in probate?

| Oct 24, 2019 | Probate |

Probate is a legal process that involves the distribution of a person’s estate based on the instructions left in their will. Once a person passes on their will goes to probate and is reviewed to ensure that it meets the technical requirements for a valid legal document. New Jersey and other states throughout the nation have their own rules for what a will must contain in order to be valid.

Therefore, one of the ways that a will may be challenged in probate is through the assertion that it does not meet the requirements of a valid will. An interested party may claim that the decedent lacked testamentary capacity when they signed their will, or that the will lacks the signatures of witnesses. Technical deficiencies in a will may lead to its challenge and eventual invalidation.

If a will is valid, there are other reasons that it might be challenged. A party may claim that the decedent created more than one will and may contest which one should be controlling with regard to their end of life estate. Alternatively, a claim may be made that the decedent was forced or coerced into signing a will that they did not wish to execute.

These are only some of the grounds on which wills may be challenged during probate. Individuals who have concerns about the probated wills of their loved ones may contact their trusted probate and estate planning attorneys with their questions. This post is only provided as information to its readers and all legal advice should be sought from knowledgeable legal professionals.