The purpose of a will is to document a loved one's intentions for his or her property after they pass. A comprehensive estate plan should make the method of estate distribution clear but an experienced New Jersey estate planning attorney can help individuals deal with the complexity of estate administration.

One issue that sometimes arises in the estate administration process is a claim brought based on an alleged oral promise of the decedent. The oral promise may or may not have happened, but the ensuing litigation can be very stressful for the family of a decedent. An experienced estate planning attorney can help a family successfully challenge claims made against an estate to ensure that a decedent's wishes are followed.

An example of probate litigation arising out of an oral promise was the litigation brought against the estate of Richard Pratt. Pratt was a billionaire businessman who at one time ranked among the richest men in the world. His wife of 50 years was surprised when Pratt's longtime mistress filed a claim against the estate alleging that Pratt had promised to take care of her and her children.

Pratt allegedly promised the mistress that he would pay her $500,000 per year if she quit her lucrative escorting career and became his sole mistress. The businessman also allegedly promised her $66,000 per year for travel and rent expenses, multimillion-dollar trust funds for her children, and a $100,000 Mercedes Benz.

A judge recently tossed the mistress' case because he determined that the oral promises were not enforceable. The judge also decided that even if the promises did happen and were enforceable, the mistress still did not have a case because she accepted two settlements from Pratt before he died.

Although hopefully this situation is exceedingly rare for New Jersey businessmen, it is much more common for family members to bring lawsuits based on oral promises of property or support. These promises are usually unsuccessful when inconsistent with the provisions of a will unless it can be determined that the will was the product of undue influence or changes render portions of the will invalid, such as divorce or the birth of an heir.

Source: Forbes, "Estate of Richard Pratt, Australian Billionaire, Defeats Mistress In Court," Danielle and Andy Mayoras, Jan. 16, 2012