Diminished capacity and or undue influence are part of several grounds to challenge the validity of a Last Will & Testament. The supporting evidence must show that the beneficiary or other party of interest had motive and the opportunity to exert, and did exert undue influence over the testator. The evidence must also demonstrate that the testator suffered from diminished capacity. This can usually lead to the Will of a family member who has died not leaving property to the persons the decedent had advised would inherit, usually the person’s immediate family members. These matters are very disturbing where the estate property is instead left to someone who was in a suspicious position of undue influence over the decedent. In the State of New Jersey, a Will can be invalidated by the Superior Court in a will contest if found that a vulnerable testator was a victim of undue influence by another person and or diminished capacity, often caused by advanced age, economic need or mental or physical impairment. The Superior Court will assess the matter and define undue influence mental, moral or physical exertion by a person in a confidential relationship with the testator, and where same impacts the testator’s free will to leave estate property as previously desired and or expressed.  Often times in matters of undue influence, the testator’s estate may be wrongfully directed to the person improperly and illegally exerting undue influence. Factors that a confidential relationship existed include the testator’s dependence and reliance on the person for care or companionship as well as the decedent’s trust in the person, where those parties could be family members, caregivers, or others. The party of interest who may contest the Will has the burden of proving undue influence. However, if the contestant shows that the Will was written to benefit a party in a from of confidential relationship and that there are suspicious circumstances supporting same, a presumption of undue influence can be established which then shifts the burden to the beneficiary and or proponent of the contested Will to overcome that presumption.  Undue influence is one of several grounds upon which a Will can be invalidated by the Superior Court of New Jersey, and others include: lack of testamentary capacity; fraud; improper will execution; and duress, as well as others. Time is of the essence in these matters, so assess your matter directly and present it to the Court as soon as possible.

DiMedio Law is a New Jersey law firm whose practice includes estate planning and administration as well as many other services. Contact us at [email protected] or call us at 856-428-5577.

DISCLAIMER: This advisory is for general information purposes only. It does not constitute legal advice, and may not be used and relied upon as a substitute for legal advice regarding a specific legal issue or problem. Advice should be obtained from a qualified attorney licensed to practice in the jurisdiction where that advice is sought.