December 11, 2014
By Andrew J. DeMaio

The New Jersey Law Revision Commission will consider legislation authorizing legal proceedings to establish the validity of a will during the lifetime of the testator. 

A January, 2014 Memorandum of the Commission notes that four states have adopted similar legislation. Under these laws, a person concerned that his or her will might be challenged can commence a lawsuit asking the court to declare that the will is valid.  Under current law, proceedings to determine the validity of a will usually take place after death, when the testator is no longer able to testify as to his or her mental capacity and testamentary wishes. The Commission is seeking input from the court system and bar groups, according to a November, 2014 Memorandum

In July, New Hampshire became the fifth state to enact legislation authorizing pre-mortem probate proceedings.  The New Hampshire law allows the validation of trusts as well as wills.



AuthorAndrew DeMaio