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|
|Cited Cases:||230 A.2d 408; 59 A.2d 7; 95 N.J. Super. 182; 56 N.J. Super. 167; 152 A.2d 160|
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.