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McCurrie McCurrie
& McCurrie, L.L.C.

680 Kearny Avenue
Kearny, NJ 07032-3010
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Will execution might be affected if the will is contested

Our readers know that we have often said that all New Jersey residents should have a will and possibly trusts to help their loved ones deal with their assets when they pass away. One of the reasons for this is that these estate planning methods often help your loved ones to avoid having to deal with lengthy and expensive probate issues. Even when those are in place, issues might creep up.

Anyone who has been following the news lately probably knows that Robin Williams' widow and his children are in the midst of a will challenge. Williams probably thought that he had everything all set up before his death. Apparently, there is some disagreement over what part of his estate plan meant. That fact is what has led up to the will being contested. Different interpretations aren't the only reason why a will can be contested.

One point that might lead to a will being contested is if the person who wrote the will wasn't thought to be of sound mind and body. That is known as the testamentary capacity. One requirement of this is that the person has to be an adult. Another is that he or she has to understand the value of his or her estate and how that estate will be distributed.

The person who is making the will can't be doing so under the undue influence of someone else. The person can't be making the will because of fraud, and the will can't be forged. The will must be done in accordance with the laws in the state of permanent residence of the person making it. Additionally, the will must be signed by two witnesses who don't have an interest in the will.

Having a will that is easy to understand and legally sound might help your loved ones to avoid having to deal with will challenges. This means learning how the will might be interpreted and learning about the state laws that might affect your will.

Source: FindLaw, "Reasons to Challenge a Will" accessed Feb. 12, 2015

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