Three Warning Signs that a Will in New Jersey Might Be Invalid
A will is a foundational estate planning document. Every adult in New Jersey can benefit from a properly drafted will. If you are 18 years of age and of sound mind, you have the right to make (or change) a will. Under New Jersey law (NJ Rev Stat § 3B:3-2), a will should be:
- In writing;
- Signed; and
- Witnessed by two people.
As part of a probate, a will must be confirmed. Are you considered that your loved one’s will may not be legitimate? Be proactive. Here, our New Jersey estate planning attorney highlights three warning signs that suggest a will may not be valid.
Warning Sign #1: It Was Not Drafted By an Attorney and/or the Chain of Custody is Unclear
You should always have your attorney drafted by an experienced estate planning lawyer. While it is not mandatory for a will to be drafted by an attorney in New Jersey, a will created without legal guidance might suffer from a wide range of defects. Further, there may be questions about whether or not it was valid at all. Beyond that, the chain of custody concerning the will’s handling, storage, and presentation after the person’s death should be clear and undisputed. A broken chain of custody or unclear history of the will’s whereabouts can lead to questions about its authenticity.
Warning Sign #2: It Was Altered Shortly Before a Person’s Death
Amendments made to a will shortly before the testator’s death can be a major red flag—particularly so if the testator (will creator) was known to be in poor health or under significant influence from others at that time. These late changes might suggest undue influence or diminished capacity to make sound decisions. Notably, both of these are the grounds for contesting a will’s validity in New Jersey. The closer to a person’s passing that a will was altered, the more questions about the document’s legitimacy.
Warning Sign #3: It Directly Conflicts With Another Existing Version of the Will
Are there multiple wills? That can raise serious questions about the legitimacy of any given document—especially if there are conflicting versions. Indeed, if a newer version of a will appears that directly contradicts an earlier version, it could indicate coercion or potentially even outright forgery. It is crucial to examine the circumstances under which the newer version was created, including things like the testator’s mental state and any possible undue influences. A questionable will can be challenged in New Jersey’s probate process.
Contact Our New Jersey Estate Planning Lawyer for Immediate Legal Guidance and Support
At Poulos LoPiccolo PC, our New Jersey estate planning attorney is standing by, ready to help you find the best solution. If you have any questions or concerns about the legitimacy of a will, please do not hesitate to contact us today for a completely confidential consultation. With an office in Monmouth County, we serve communities throughout all of New Jersey.
