On August 4, 2026, the Superior Court of New Jersey, Appellate Division, issued an opinion in In the Matter of the Estate of Edmond Dweck, Deceased (Docket No. A-1911-24), which affirmed a trial court’s judgment finding no undue influence in estate litigation in a will contest brought by the decedent’s grandson against the decedent’s son. The court agreed that the petitioner failed to prove a confidential relationship or suspicious circumstances required to set aside the revised 2021 will; however, it vacated the trial court’s denial of attorney’s fees to the petitioner and remanded the issue, holding that the petitioner had reasonable cause to bring the claim against the estate.
When Can You Challenge a Will in New Jersey? A Recent Court Decision Explains
Understanding Will Contests and Attorney’s Fees After a Family Dispute
Losing a loved one is difficult enough without discovering that you’ve been unexpectedly cut out of their will. Recently, the New Jersey Appellate Division addressed this exact situation in a case that helps clarify when someone has the right to challenge a will, what role undue influence in estate litigation plays, and who pays the legal bills when a family dispute goes to court.
The Family Dispute
Edmond Dweck, a grandfather, passed away in January 2023. His grandson (also named Edmond) discovered that his grandfather had changed his will just 20 days after the grandson’s father, Sam, died from COVID-19 in February 2021. Under the new will, Sam’s children—including the grandson—received nothing, while Sam’s brother Isaac would inherit two-thirds of the estate.
The estate’s main asset was a house in Deal, New Jersey, which sold for approximately $6 million. Believing his grandfather would never have made this change on his own, the grandson filed a lawsuit centering on undue influence in estate litigation, claiming that Isaac had pressured their grandfather into rewriting the will.
Proving Undue Influence in Estate Litigation
In legal terms, undue influence means that someone pressured or manipulated a testator into making estate planning decisions they wouldn’t have made on their own. It’s not just gentle persuasion—the pressure must be strong enough to overpower the person’s free will and substitute someone else’s wishes for their own.
When establishing undue influence in estate litigation, challengers typically need to demonstrate two core elements:
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A confidential relationship between the deceased and the beneficiary—meaning a relationship built on trust, reliance, and dependence
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Suspicious circumstances surrounding the drafting or execution of the will
When both elements are present, the legal burden shifts to the party defending the will to prove that no undue influence occurred.
What the Court Found – There Was No Undue Influence in This Estate Litigation Case
After a three-day trial featuring testimony from family members and the drafting attorney, the court examined the allegations of undue influence in estate litigation and made several key findings:
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Mental Capacity: The grandfather was mentally sharp. Witnesses described him as intelligent and “very stubborn.” There was no evidence his mind was failing when he changed his will.
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Rational Timing: The grandfather had a long history of dividing his estate based on his children’s financial needs, not his love for them. When Sam died, he left his wife and children approximately $9 million in life insurance proceeds. Therefore, the grandfather believed Sam’s family was “taken care of” and wanted to provide more for his other two children.
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Historical Intent: While the grandson argued he was “disinherited,” the court noted that none of the grandfather’s previous wills had ever left anything directly to grandchildren. The wills always divided assets among the three children, with provisions that if a child died, their share would go to their own children.
The court concluded there was no undue influence in estate litigation—the grandfather made his own decision, consistent with his lifelong approach of considering his children’s relative financial circumstances.
The Important Twist: Attorney’s Fees
Here’s where the case offers important guidance for anyone raising claims of undue influence in estate litigation: even though the grandson lost, the appeals court ruled he should be able to recover his reasonable attorney’s fees from the estate.
Why? Because the grandson had established enough evidence of a confidential relationship (Isaac handled all the grandfather’s finances and bills) and suspicious circumstances (the will was changed just 20 days after Sam’s death, Isaac initiated contact with the attorney, and Isaac drove the grandparents to sign the new will) to make his legal challenge reasonable.
Under New Jersey court rules governing undue influence in estate litigation, when a contestant has “reasonable cause” for challenging a will, the court may order the estate to pay their legal fees—even if they do not ultimately prevail.
Key Takeaways: Why There Was No Undue Influence in This Estate Litigation Case
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Not all influence is legally “undue”: Family members can share opinions and discuss estate planning. The core focus regarding undue influence in estate litigation is whether pressure destroyed the person’s free agency.
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Timing matters, but context matters more: A will changed shortly after a major life event may look suspicious, but courts will evaluate whether a rational explanation exists.
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Good faith challenges are protected: If you have legitimate reasons to suspect undue influence in estate litigation, New Jersey law may protect your right to seek answers—even if you don’t win the case. Note: An award of attorney’s fees is not always guaranteed.
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Document your loved one’s wishes: The cleanest way to defend against claims of undue influence in estate litigation is to discuss estate planning openly, document the reasons for decisions, and ensure complete transparency.
Note: This blog post discusses In re Estate of Edmond Dweck, decided by the New Jersey Appellate Division on August 4, 2026. It is intended for general informational purposes and does not constitute legal advice.
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