How Courts Evaluate Testamentary Capacity and Undue Influence
Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent.
However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of interested parties.
This article outlines the key legal standards governing New Jersey will contests and how courts evaluate these claims.
Key Takeaways
- New Jersey law strongly presumes that a properly executed will is valid
- Testamentary capacity requires only a general understanding of assets and beneficiaries
- Undue influence can shift the burden of proof in certain circumstances
