Most people understand the importance of creating a will. However, the conditions under which a will is written have the potential to nullify the language within the document. If the testator, meaning the person who is creating a will, lacks testamentary capacity when writing that document, there is the potential for a relative or another party to argue he or she lacked sufficient testamentary capacity. The lack of testamentary capacity nullifies the will.
An Explanation of Testamentary Capacity
Testamentary capacity is a legal term that refers to one’s capacity to write a will or other legal document. There is the potential for a situation to arise in which a family member of a testator insists he or she lacked sufficient testamentary capacity, meaning he or she was not in the proper state of mind to create a will in New Jersey.
An individual who is not of sound mind lacks the mental capacity necessary to understand his or her actions. However, there is an argument that such legal capacity is not binary but more similar to shades along a spectrum. The question is whether the party that contests the will can make a convincing argument that the testator lacked the testamentary capacity necessary to create a will that represents their actual desires.
Gauging Testamentary Capacity
In the context of New Jersey estate planning law, the testamentary capacity of a testator is assessed at the time the will is executed. The evaluation of testamentary capacity centers on whether the testator genuinely understands his or her actions in the context of estate planning with a focus on the distribution of assets through the will. It is worth noting the law currently mandates a fairly low level of mental capacity to establish testamentary capacity in the context of executing one’s will.
The Issue of Will Accuracy
Envision a scenario in which a testator misrepresents the quantity or value of assets such as shares of a publicly traded company in an investment portfolio, the number of apartment units owned, or the quantity of precious heirlooms to be bequeathed to family members.
Relatives of the testator might question whether misrepresenting the value of assets or even the nature of the assets has the potential to invalidate the will even if there isn’t evidence that the testator lacked sufficient testamentary capacity. The will of such an individual remains valid unless there is clear proof of testator incapacity at the time the document was written. What matters most is whether the testator was of sound mind at the time of the will’s creation as opposed to the magnitude of his or her wealth and the nuances of the distribution of that wealth to family, friends, charities and other parties.
The Right to Object to a Will
Though some are unaware of it, they have the legal right to object to a relative’s will. Such claims typically center on undue influence from another party, testator duress when creating the will, outright fraud or the lack of testamentary capacity as detailed above. If a convincing enough argument is made, it is possible that a judge will determine the objection invalidates the will. If the will is invalidated and there is another version of the will that predates the one nullified, or if there is a trust, the court might use one of those earlier documents as the guide for the distribution of the decedent’s money, investments, real property, etc.
If an heir or family member proves there was insufficient testamentary capacity at the time the decedent created the will and no prior will or trust was filed with the court, the estate will move through the probate process as though the decedent passed away intestate. Intestate is a legal term commonly used by attorneys to refer to individuals who pass away without a will.
Undue Influence in the Context of Testamentary Capacity
The lack of testamentary capacity can be proven by establishing another party exerted undue influence over the testator at the time he or she created a will. In the context of the law, the challenge lies in proving another party exerted such undue influence. The state of New Jersey mandates that certain elements be met to establish undue influence.
The influence exerted over another party must be meaningful, meaning an individual contesting a will cannot simply state that the decedent was acting or thinking irrationally at the time the will was written. Furthermore, the state requires that the influence must have subdued the individual’s free will and compromised his or her thought processes when the will was signed. Such influence resulted in the testator executing the will that otherwise would not have been executed had the party’s undue influence not shaped his or her thoughts and ensuing actions.
In the context of New Jersey law, undue influence constitutes physical, mental or even moral coercion that prompts the testator to contradict his or her will. If a judge rules the will of the influencer overrode that of the testator, there is insufficient testamentary capacity and the previous will is likely to dictate the distribution of assets.
The Issue of No Contest Clauses
Some New Jersey wills are written with no contest clauses. Such clauses are meant to prevent the challenging of a will by those who are concerned with the language of the will. Contesting a will in New Jersey that has a no contest clause has the potential to backfire as a loss in court will lead to disinheritance after the triggering of the no-contest clause. However, there is the potential for a court not to recognize the clause’s legitimacy or merit, ultimately making the party that contests the will eligible for an inheritance, albeit one with comparably limited value.
If you suspect your New Jersey relative lacked sufficient testamentary capacity when creating his or her will, don’t assume your loved one’s desires are reflected in the language of the legal document. We’re also here for out of state claims. Be proactive by reaching out to our New Jersey estate planning law firm to schedule an in-depth consultation. Contact us.
