Contested Wills in New Haven, Connecticut

Find the right Contested Wills attorney in New Haven, CT

In New Haven, Connecticut, there is a process through which a person can challenge the validity of a will. This is recognized as a "contested will" or "will contest."

There are various 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 massive amount of money or property is being given away, the person left out of the will could rationally 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 costlye. It also has the possibility to damage family relationships and foster strife among individuals who are already mourning the loss of a loved one.

When Can a Will be Contested in New Haven, Connecticut?

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

For instance, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Thus, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

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 honestly voluntary unless the testator knows what they're doing. Therefore, 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.

If a New Haven, Connecticut will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Normally, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

Can a New Haven, Connecticut Contested Will Attorney Help?

Because a will contest can sometimes involve perplexing legal and factual questions, as well as some very raw emotions, a skilled New Haven, Connecticut attorney can be invaluable in helping this process go as smoothly as possible.

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

Life in New Haven

New Haven, Connecticut is located in New Haven County. With a population of over 129,000, it is the second largest city in Connecticut. New Haven is known for being home to Yale University, an Ivy League school. The city has been nicknamed "The City of Elms" due to its extensive canopy of trees.

Aside from Yale University, New Haven's economy is driven by health care facilities, financial companies, retail, and professional services (legal and engineering). The downtown New Haven area has been described as an "upscale downtown", as it is more residential in character than most typical downtowns. In particular, the New Haven Green community has been revitalized to include condominiums and apartment complexes. The downtown area also has many retail stores and restaurants, making it an ideal scene for the nightlife.

In addition to its highly intellectual and political culture, New Haven offers some of the nation's best cuisines. A popular local favorite is New Haven pizza, called "apizza", which comes in several variations. Downtown has been recognized as serving the country's "finest Spanish food". New Haven has also served as home for several presidents, Bill Clinton, William Howard Taft, Gerald Ford, and the Bush family.

New Haven, Connecticut lawyers offer services to meet the city's unique legal needs. Lawyers in New Haven practice law in many fields and are familiar with the laws of Connecticut. New Haven County operates its own local bar association apart from the state Connecticut Bar Association.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Regel B.
Regel B.

Wills, Trusts and Estates

Caldwell, LA

Brad M.
Brad M.

Wills, Trusts and Estates

Sussex, NJ

David L.
David L.

Wills, Trusts and Estates

Ashland, OH

Gotham Light