Appellate Division Upholds Invalidation of Subsequent Will under Undue Influence, But Reverses Attorney Fee Award
In re Estate of Martin, Deceased, Docket No. A-4113-23, 2025 WL 3063987 (N.J. Super. App. Div. Nov. 3, 2025).
James G. Martin (“Senior”) died in February 2020. His 2019 will was contested by three of his six children — James H. Martin (Jimmy), Michael P. Martin (Mickey), and Ann P. Martin. The plaintiffs alleged that the will was the result of undue influence by Therese Rogers, another of Senior’s children.
The matter was the subject of prior trial and appellate proceedings, which led to a retrial. During the retrial, the court examined testimonies from family members and others involved, including the attorney who drafted the 2019 will.
A prior will from 2018 excluded Therese and another sibling, Nora, and left the majority of the estate to Jimmy, Mickey, Ann, and another sibling, Tom, with a portion to Senior’s grandson, Gerard Dixon. In contrast, the 2019 will significantly altered the distribution, leaving only $100 to each of the children and the residuary estate to Therese, who was also named executor.
The trial court found that Therese had a confidential relationship with Senior and identified suspicious circumstances surrounding the 2019 will. For instance, Therese was involved in drafting the will and made false allegations against her siblings to influence Senior. The judge determined that Therese’s actions and testimony failed to rebut the presumption of undue influence. This led to the invalidation of the 2019 will and the admission of the 2018 will to probate.
Therese appealed, arguing that the judge’s findings were unsupported by evidence and that the law was misapplied. However, the appellate court upheld the trial court’s findings, emphasizing the credibility assessments and the presence of undue influence.
The appellate court also addressed the award of attorneys’ fees, noting that the trial judge did not adequately justify the award under the applicable rules. The trial judge had not addressed whether reasonable cause warranted the award or the findings and analysis under R. 1:7-4.
Therefore, the Appellate Division affirmed the invalidation of the 2019 will and the probate of the 2018 will but reversed and remanded the attorneys’ fees award.