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If you don’t agree with the terms of a loved one’s will, it may be possible to challenge them. Whether you will be successful, however, depends on the circumstances. Since contesting a will is inherently complicated, it’s wise to consult with an estate planning attorney before getting started. In the meantime, here is what you should know about the process. 

When Can I Challenge a Will?

If you contest a will, there are only a few scenarios in which the case might be ruled in your favor. For example, the court may dismiss the will if it was not appropriately validated or was finalized under a pretense. It may also be possible to challenge a will if the testator was not of sound mind at the time of writing or was coerced into including certain terms.

Naturally, proving any of the above can be difficult, especially if the will was created several years prior. For this reason, it’s wise to turn to an estate planning attorney who has experience challenging documents. Your lawyer will know what kinds of evidence will hold up in court and will have the resources to gather all of them. 

How Do I Challenge a Will?

estate planning attorneySince challenging a will can complicate the probate proceedings considerably, it’s essential to confirm that you have grounds on which to do so before getting started. Fortunately, a seasoned estate planning attorney will determine if your case is worth pursuing during the initial consultation.

If it is, you must then file an objection before the deadline has passed. Typically, individuals have two years from the date on which probate commenced to file an objection. After submitting this document, the court will schedule a hearing, during which all interested parties may state their objections, even if they did not file the initial petition. A trial will follow so those who wish to proceed with their objections can present evidence of their claims. At the end of the trial, the judge will issue an order regarding the legitimacy of the will or its specific terms. 

 

 

When it comes to contesting wills, the estate planning attorneys who make up the team at Greene Law PC have seen it all. Based in Farmington, CT, this law firm has been helping families throughout Hartford County navigate complicated probate proceedings for more than 25 years. Their knowledgeable team also assists with bankruptcy filings, real estate transactions, family law disputes, personal injury claims, business planning, and debt relief. To explore all the services they provide, visit their website and call (860) 676-1336 to schedule an appointment.

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