The Most Common Reasons New Jersey Wills Are Contested

No one wants to think of their family fighting after they’re gone. Yet will contests—legal challenges to the validity of a will—are a real risk for New Jersey families, especially if a document is unclear or circumstances raise suspicion. Understanding why wills are most often contested can help you avoid common pitfalls, protect your wishes, and prevent painful family disputes.

What Does It Mean to “Contest” a Will?

To contest a will is to ask a New Jersey court to set it aside (in whole or in part) due to concerns about how it was created or executed. Only “interested parties”—such as beneficiaries or legal heirs—can file a challenge, and strict deadlines apply. If a contest succeeds, the will (or parts of it) may be invalidated, and assets could pass according to a previous will or NJ intestacy law.

Lack of Testamentary Capacity

New Jersey law requires that a person making a will (the “testator”) be of sound mind and understand what they are doing. If someone is suffering from dementia, mental illness, or was under the influence of medication, their capacity may be called into question. Medical records, witness statements, and other evidence often play a key role in these cases.

Undue Influence

Undue influence occurs when someone pressures, manipulates, or coerces the testator to change their will for the influencer’s benefit. This often arises when a vulnerable person relies heavily on a single caregiver or family member. The court looks for signs of suspicious changes, secrecy, or a “confidential relationship” between the parties.

Fraud or Forgery

If a will is signed under false pretenses or a signature is forged, the document is not valid. Examples include someone tricking the testator about the contents of what they’re signing, or substituting pages after the will is signed. Evidence such as handwriting analysis or testimony from witnesses may be used to prove fraud or forgery.

Improper Execution

New Jersey has strict rules about how wills must be signed and witnessed. If these procedures aren’t followed—for example, if witnesses are missing or improperly qualified—the will can be invalidated, even if the decedent’s wishes were clear.

Ambiguity or Contradictory Provisions

Sometimes, the language of a will is so unclear or contradictory that family members disagree on its meaning. In these cases, the court may need to interpret the document, consider evidence of intent, or even set aside the will if its terms cannot be carried out.

How to Avoid a Will Contest

Work with an experienced attorney to draft and execute your will properly.
Update your will regularly—especially after major life events.
Talk openly with your family about your wishes to minimize surprises.
Store your will safely, and be sure witnesses are available if needed later.

Proper planning not only protects your wishes but can also prevent unnecessary stress and legal costs for your family.

Frequently Asked Questions About Will Contests in NJ

Q: Who can contest a will in New Jersey?
A: Only interested parties—such as beneficiaries or legal heirs—can file a challenge.

Q: How long do you have to contest a will?
A: In New Jersey, the deadline is typically four months from probate for residents, and six months for out-of-state parties.

Q: What happens if a will is found invalid?
A: The estate may be distributed according to a prior will or, if none exists, by NJ intestacy law.

Protect Your Wishes—Plan With Confidence

The best way to avoid a will contest is with careful planning and legal guidance. If you’re updating your will or worried about family conflict, The Law Offices of Gary Cornick can help ensure your wishes stand up in court and your legacy is protected.

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How to Protect Your Parents from Financial Exploitation and Elder Abuse

By Gary Cornick • March 16, 2026

How to Protect Your Parents from Financial Exploitation and Elder Abuse As parents age, they may become vulnerable to exploitation—from strangers, caregivers, and even family members. Unfortunately, elder abuse and financial scams are on the rise in New Jersey and across the country. Knowing the warning signs and taking proactive legal steps can help you protect your parents’ well-being, assets, and dignity. What Is Elder Abuse and Financial Exploitation? Elder abuse can include physical, emotional, or sexual harm, neglect, and financial exploitation. Financial exploitation means the illegal or improper use of an elder’s funds, property, or assets—such as unauthorized withdrawals, forged checks, or pressure to change estate plans. Abuse often goes unreported due to shame, confusion, or fear. In many cases, the abuser is someone the elder knows and trusts. Warning Signs to Watch For: Unexplained withdrawals or sudden changes in bank accounts Missing money, valuables, or financial documents Unpaid bills or notices despite adequate funds Sudden changes to wills, powers of attorney, or beneficiary designations Isolation from friends, family, or trusted advisors Unusual relationships with caregivers or new acquaintances Physical signs of neglect or emotional withdrawal If you notice any of these red flags, it’s important to act quickly. Legal Tools to Safeguard Your Parents Powers of Attorney: A durable power of attorney allows a trusted person to manage financial and legal affairs if your parent is unable to do so. Setting this up early can prevent misuse of assets and avoid the need for guardianship later. Advance Healthcare Directives: Ensure your parent has named a healthcare proxy to make medical decisions if needed. Guardianship: If your parent is incapacitated and at risk, guardianship through the NJ courts may be necessary to protect them from ongoing abuse or financial harm. Monitoring Accounts: Stay involved—review account statements, visit often, and encourage open conversations about finances. What to Do If You Suspect Financial Exploitation Document any suspicious activity or conversations Speak with your parent and other trusted family members Contact the bank or financial institution to put safeguards in place Report concerns to New Jersey Adult Protective Services or local law enforcement Consult an elder law attorney for advice on next steps and legal remedies Quick intervention can help prevent further loss and secure your parent’s future. Frequently Asked Questions About Elder Abuse What is the most common form of elder financial abuse? The most frequent scams include unauthorized withdrawals, misuse of a power of attorney, or pressure to change estate documents for someone else’s gain. Can banks help protect against exploitation? Yes—banks can set up account alerts, require dual signatures, or freeze accounts if fraud is suspected. What if the abuser is a family member? The law protects all seniors, regardless of who is at fault. Legal action may be necessary to stop abuse and recover lost assets. Help Your Parents Stay Safe—Start the Conversation Today Protecting aging parents from financial exploitation and elder abuse requires vigilance and action. The Law Offices of Gary Cornick can help you put legal safeguards in place and take decisive steps if problems arise. Don’t wait—proactive planning is the best defense.

2025 calendar in Portuguese, on a white background, showing months of the year.

Understanding the 5-Year Medicaid Look-Back Rule in New Jersey

By Gary Cornick • January 23, 2026

Understanding the 5-Year Medicaid Look-Back Rule in New Jersey

The Most Common Reasons New Jersey Wills Are Contested