When a family member or a loved one passes away, it’s always heartbreaking. For some people, there’s further devastation and confusion when the terms of the will are discovered. You probably had an idea, based on your own thoughts, or perhaps based on conversations you had with your loved one, about how their assets would be disbursed. If it turns out to be significantly different than you imagined or were told, you might be concerned that someone else influenced their decision-making regarding their will. New Jersey will contests are more common than you might think.
If you believe this was the case, you can challenge the will on the grounds of undue influence. In order to do this, it’s important to understand the law , and what exactly undue influence means. Handling New Jersey will contests is a core practice area at Josh Curtis Law. Regrettably, these types of situations arise too often.
What is Undue Influence?
Undue influence is one of the most common grounds to challenge the legitimacy and legality of a will. In the state of New Jersey, a will can be invalidated if it is determined that the testator, or the person making the will, executed the will based on inappropriate and unlawful pressure from another person. Undue influence is broadly defined as “the testator having a mental, moral, or physical exer
tion which prohibits them from exercising their own mind, and instead accepting the dominance and influence of another person.” In other words, someone else has influenced the testator to do something that they normally wouldn’t have done.
In New Jersey, all wills are initially presumed to be valid unless there is reason to believe otherwise, and someone contests the will. The burden of proof is on the person contesting the will, meaning they must provide evidence that the testator was unlawfully influenced. Unless legal challenges are brought forward, the will is considered valid and will be upheld by the courts.
It’s important to understand that some level of influence is often exerted over a person creating a will. For example, a husband might urge his wife to leave her lake house to the children. This is a normal and expected level of influence and will never be sufficient to show undue influence; it must be more than a mere suggestion or conversation between spouses or family members.
Establishing The Presumption of Undue Influence in New Jersey Will Contests
Once someone raises the issue of undue influence, they must present evidence to the court that clearly establishes this fact. The elements that must be shown include the following:
- As written, the will benefits an individual who was involved in a confidential relationship with the testator, meaning the relationship was unequal because the beneficiary controlled or dominated the testator in some way; and
- Suspicious circumstances were present
Knowing which elements must be established in order to effectively challenge a will based on undue influence isn’t enough. It’s necessary to know what New Jersey considers a confidential relationship and what amounts to suspicious circumstances.
Confidential Relationship
While there’s no exact definition of a confidential relationship in this context, there are certain factors the New Jersey courts look for when determining if one existed. Courts have typically determined that when the testator relies heavily on and trusts someone that they have a close relationship with, a confidential relationship exists.
This often includes family members, powers of attorney, caregivers, and other people close to the testator that they relied on. This type of relationship often occurs when the testator is sick, or simply getting older, and they can no longer take care of themselves and must rely on other people for their day-to-day care. The most significant factor in determining whether a confidential relationship exists is whether the parties were on equal footing in the relationship.
What Are Suspicious Circumstances?
Next, it’s crucial to define suspicious circumstances. As in the case of a confidential relationship, there is no exact definition of suspicious circumstances; the courts will look at the totality of the circumstances to make this determination. It’s also important to note that New Jersey courts have ultimately ruled that suspicious circumstances “need to be no more than slight.”
When determining if suspicious circumstances existed, the courts look at the vulnerability of the testator, such as their age, health, and financial status, and the facts surrounding the execution of the will. For example, if a lawyer helped prepare the will for an aging person with little financial resources and is also a beneficiary in the will, that lawyer would be vulnerable to accusations of undue influence.
Another common example of suspicious circumstances occurs when a young person befriends an older individual soon before they die, and the young person turns out to be a beneficiary in the will. In many cases, the family members don’t know anything about this person, perhaps never having met them before. It would be quite a surprise to the family, then, when this new friend of the deceased is named as a beneficiary.
These facts alone won’t automatically invalidate a will on the basis of undue influence; the court will look at the totality of the circumstances and make a decision. For example, did the young person help the testator around the house and with errands? What exactly was left in the will to this young person, and is it in line with what those services would have cost if the testator had hired someone else to do them?
Preponderance of The Evidence in New Jersey Will Contests
In a criminal trial, the allegations must be proven beyond a reasonable doubt, which is the highest burden of proof under the law. It must be shown that there is no other reasonable explanation that can be deduced from the evidence presented. In civil claims, such as New Jersey will contests, the allegations must be proven by a preponderance of the evidence.
To prove something by a preponderance of the evidence, the challenger of the will must convince the court that there is a greater than 50 percent chance that their claim is true; it is more probable than not that a confidential relationship existed, and suspicious circumstances were present. If the challenger is able to establish the presumption of undue influence, the burden is then shifted to the defendant to show that there wasn’t undue influence.
Undue Influence in New Jersey Will Contests Aren’t Easy to Win
In New Jersey, it is not easy to invalidate a will on the grounds of undue influence. Courts typically prefer to uphold the existing will and presume that it is valid. This doesn’t mean you shouldn’t challenge it if you truly believe there was something inappropriate or unlawful that took place. If you find yourself in this position, it’s always a good idea to speak with an experienced attorney so you can explore your options and have the best chance of success if you decide to challenge a will.
Contact me today if you suspect there was undue influence on a will. There are multiple options we can explore.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
