Legal Memorandum: Revocation of a Will in NJ

Issue: Under New Jersey law, who has standing to raise the issue of the revocation of a will?

Area of Law: Estate Planning & Probate
Keywords: Revocation of a will; Standing
Jurisdiction: New Jersey
Cited Cases: 230 A.2d 408; 59 A.2d 7; 95 N.J. Super. 182; 56 N.J. Super. 167; 152 A.2d 160
Cited Statutes: None
Date: 09/01/2000

In re Meyer’s Will, 56 N.J. Super. 167, 152 A.2d 160 (App. Div. 1959), In re Hand’s Will, 95 N.J. Super. 182, 230 A.2d 408 (App. Div. 1967), and In re Lent, 142 N.J. Eq. 21, 59 A.2d 7 (E. & A. 1948), these cases generally provide that only aggrieved parties may contest the admission of a will to probate. In none of these cases was the revocation of a prior will raised as an issue in the admission for probate of a later will presented for probate by the executrix under the later will.  As is stated in In re Hand’s Will, “[t]here is ample authority for a probate court to determine at one hearing the validity or invalidity of all existing wills of a testator.”  95 N.J. Super. at 189, 230 A.2d at 412.


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