Will contests seem to be increasing.  Recently I have seen scenarios involving spouses, children, grandchildren or others that were not sufficiently provided for or left out entirely. When there are questions about the legitimacy of the will then will contests ensue.

Here are some of grounds to challenge a will in Connecticut:

1. Lack of testamentary capacity – the decedent was not of sound mind and memory when he/she executed the will. Did the decedent understand what property was being disposed and who was to receive the property?

2. Undue influence – Was the decedent under duress when the will was signed, coerced in same manner or can fraud can be proven?

3. Lack of formalities in the execution of the will – Connecticut requires that the will be in writing, subscribed by the testator (person making the will) and attested to by two witnesses in the testator’s presence. Were these formalities followed?

4. The will was revoked by a later will. Are there multiple wills? If so, the most recent will which meets the statutory formalities controls.

In addition, to contesting a will family members may also challenge the Inventory (list of assets) filed with the Probate Court. This may be appropriate if there is evidence that not all assets have been disclosed.

It is important to consider the alternative if the will is not valid. There is a schedule which sets forth how property is distributed if the decedent dies without a will (intestate). Be mindful that if the will contest is successful (and therefore the will is invalid) that the distribution which will result is the result you want. For example, you are a grandchild who thinks you should have received more under the will. If there are certain other relatives alive and the will is invalid you may do worse by challenging the will.

Contact me online  or call me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 if you would like a consultation concerning Will Contests in Connecticut.

 

CategoryProbate

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