Trial Court Addresses Individual’s Standing to Contest a Will
In re Estate of Foster, MON-P-422-24 (N.J. Super. Ct. Ch. Div. March 2, 2026)
Lois Foster (“Decedent”) died on August 11, 2022, after purportedly executing a last will in June 2022 (the “Will”) which favored her granddaughter, Lisa Walker (“Lisa”), and disinherited the Decedent’s daughter, Rose Phelps (“Rose”), and three other grandchildren.
The Will was admitted to probate on May 26, 2024, about 20 months after the Decedent’s death. Rose died intestate on June 27, 2023, 10 months after the Decedent passed away but before the Will was probated.
Harold Walker (“Harold”), a descendant and next of kin of Rose, filed this action alleging the Decedent lacked capacity or was unduly influenced in executing the Will. Lisa, the executrix and sole beneficiary, moved to dismiss for lack of standing, arguing that only Rose or Rose’s estate was the interested party. In the meantime, letters of administration for Rose’s estate had never been sought, so that estate had no administrator.
The trial court discussed that standing to contest a will is governed by Rule 4:85-1, permitting actions by any person aggrieved by the probate of a will, which includes anyone who would be injured by the will’s probate. New Jersey generally applies liberal standing rules, requiring only a sufficient stake and rejecting procedural barriers in favor of merits determinations.
The court held Lisa’s motion could only be granted if it was clear Harold would not be injured by the Will. The court found Harold would be harmed if the Will stood, even though his benefit was indirect and would pass through Rose’s estate to Harold. Harold was not an interloper or stranger because Rose was the Decedent’s only next of kin and Harold was Rose’s next of kin, which was a sufficient stake to confer standing.
The motion to dismiss for lack of standing was denied. The court noted it may be prudent to seek letters of administration for Rose’s estate and join an administrator, but that Harold had standing to challenge the Will.