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?

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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