What Are the Grounds for Challenging a Will in Connecticut?
Challenging a will is a complex legal process that requires a thorough understanding of Connecticut probate laws. While a will is intended to reflect the wishes of the deceased, there are circumstances where it may be contested. If you believe a will does not accurately represent the decedent’s intentions, you may have grounds to challenge it in Connecticut.
At Darius Law Group, LLC, our Connecticut estate planning attorneys can help you contest a will or defend an existing will. Our experienced lawyers are here to help you every step of the way.
Common Grounds for Challenging a Will
In Connecticut, there are several legal grounds for contesting a will. These include:
Undue Influence
Undue influence occurs when someone exerts pressure on the testator (the person creating the will) to manipulate their decisions. This often involves exploiting a position of trust or authority to benefit from the will.
For example, if a caregiver persuades an elderly individual to disinherit their family in favor of the caregiver, this could be grounds for undue influence.
Lack of Testamentary Capacity
Testamentary capacity refers to the testator’s mental ability to understand the nature of their assets, the beneficiaries of their estate, and the legal implications of their decisions.
If the testator was suffering from dementia, mental illness, or other cognitive impairments at the time the will was created, it may be challenged on the basis of lack of capacity.
Fraud
Fraud involves deception that leads the testator to create or modify a will based on false information. For instance, if someone forges a signature or lies about the identity of beneficiaries, the will may be invalidated.
Improper Execution
Connecticut law requires specific procedures for a will to be valid. The will must be:
- In writing
- Signed by the testator
- Witnessed by two disinterested individuals
If these requirements are not met, the will may be contested for improper execution.
Revocation
A will may be challenged if it was revoked by the testator before their death. This could involve the creation of a new will or the destruction of the original document.
The Process of Challenging a Will in Connecticut
To contest a will in Connecticut, you must follow the legal process outlined by the state’s probate court system. Here are the key steps:
- Filing an Objection: Submit a written objection to the probate court, explaining the grounds for contesting the will. This must be done within the prescribed time frame after the will is submitted for probate.
- Gathering Evidence: Collect evidence to support your claim, such as medical records, witness statements, or documentation of undue influence or fraud.
- Court Hearing: Attend a probate court hearing where both sides present their arguments and evidence. The court will evaluate the validity of the will based on the evidence provided.
- Trial: If the dispute cannot be resolved during the hearing, the case may proceed to trial. Expert witnesses, family members, and other parties may testify to support or contest the will.
Legal Standing to Challenge a Will
To challenge a will in Connecticut, you must have legal standing. This means you must be an interested party who would benefit from the estate if the will were invalidated. Typically, this includes:
- Spouses
- Children
- Other heirs or beneficiaries
Others may also have standing to contest the will depending on the unique circumstances of the case.
Get Help With a Will Challenge in Connecticut
Challenging a will in Connecticut is a serious undertaking that requires careful consideration and legal expertise. Whether the grounds involve undue influence, lack of capacity, fraud, or improper execution, understanding the legal process is essential. If you believe a loved one’s will does not reflect their true intentions, consult with a qualified attorney to protect your rights and pursue justice.
Our team at Darius Law Group, LLC can help you contest or defend a will. Contact us today for a consultation.
