Contested Wills in Hamden, Connecticut

Find the right Contested Wills attorney in Hamden, CT

In Hamden, Connecticut, there is a procedure through which a person can challenge the validity of a will. This is known as a "contested will" or "will contest."

There are several reasons why a person might want to contest a will made by a close family member. Sometimes, people will decide to leave money or property to charity, or to other entities who are not closely related. If their family members weren't expecting this, they might assume that something went wrong with the drafting of the will.

If a large amount of money or property is being given away, the person left out of the will could reasonably conclude that the cost and time of a court challenge is worth it.

As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and expensivee. It also has the possibility to damage family relationships and foster strife among people who are already mourning the loss of a loved one.

When Can a Will be Contested in Hamden, Connecticut?

Of course, a Hamden, Connecticut court will not invalidate a will without a very good reason, but there are some situations which render a will clearly invalid.

For example, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise significant initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be truly voluntary unless the testator knows what they're doing. Accordingly, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

So, you've succeeded in contesting the validity of a Hamden, Connecticut will. What happens to the property that was going to be distributed according to its terms? Generally, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Usually, this simply means that the assets will be passed on to their owner's closest living relative, typically a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Therefore, the old will can be given effect.

Can a Hamden, Connecticut Contested Will Attorney Help?

Contesting a will can be a confusing, emotional, expensive, and time-consuming process. There is really no way around this. However, a good Hamden, Connecticut wills and estates attorney can minimize these problems, and make the process as painless as possible.

Talk to a Wills, Trusts and Estates Law Attorney now!

Life in Hamden

The town of Hamden is situated in New Haven County, Connecticut, about halfway between New York and Boston. It has a population of about 58,000 and is a suburb of New Haven city. Hamden is nicknamed "the land of the Sleeping Giant", after the unique Sleeping Giant hill formation located in the more rural northern section of town.

Hamden has been described as a unique blend of both urban and suburban ways of life. This is demonstrated by its outstanding educational resources and its "New England charm". It was listed as #33 on Fortune Magazine's list of "Best Places to Live and Launch".

Besides its residential appeal, Hamden boasts a considerable amount of industry and commercial activities. Major employers in Hamden include Quinnipiac University, Area Cooperative Education Services, and Harborside Health Care. Many residents also enjoy a pleasant commute to neighboring cities such as New Haven.

Lawyers in Hamden are active in both the business community and local government efforts. Hamden, Connecticut lawyers will usually begin their representation of clients by filing at the New Haven Superior Court, which handles a wide range of criminal and civil matters.

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