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The death of a parent is one of the most difficult experiences you’ll ever have to cope with. The last thing you want to deal with is a sibling dispute over your parent’s estate. Unfortunately, many families go through these problems during probate. If your sibling has decided to contest your parent’s will, learn the different ways they can be successful and what steps the court will subsequently take.

What You Should Know If a Sibling Contests Your Parent’s Will

willsReasons a Will May Be Contested

There are a few different grounds a will may be contested on, although it’s rare for the courts to overturn a decedent’s last wishes. Your sibling must be able to show solid evidence during the probate process to prove one of the following:

  • The will wasn’t executed in compliance with state requirements
  • Your parent didn’t have the mental capacity to understand the will they were signing
  • Your parent was forced to sign under duress
  • The will was signed fraudulently

What Occurs After a Will Is Contested 

In the event the court agrees there are grounds to rule your parent’s will invalid, they may choose to throw the entire will out and take it upon themselves to decide how the estate should be administered. Upholding certain parts of the will or replacing it with an older version are other possibilities. 

 

If you disagree with your sibling’s choice to fight the validity of your parent’s will, seek counsel from the lawyers at Wills and Trusts Hawaii. They have been helping Honolulu residents take care of all their estate planning needs for years. They understand the strain families experience when one member doesn’t agree on a loved one’s final wishes, and will be able to advise you on your rights and tell you if there are legal grounds for a will contest to hold up in court. Call (808) 792-8777 to schedule a free initial consultation, or visit their website to learn more about their services.

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