In Pukalani, Hawaii, there is a procedure through which a person can challenge the validity of a will. This is identified as a "contested will" or "will contest."
Sometimes, testators leave out of their wills people who might normally expect to inherit a large portion of the testator's estate (spouses, for instance). This might lead them to assume, correctly or not, that the will was a mistake.
If the decedent was fairly well-off, their will might involve a great deal of money or property. This is one of the main reasons, besides a general sense of exclusion, that a family member might expend the great deal of time and money necessary to contest a will.
However, this is a matter that should not be approached lightly - will contests can frequently foster strife and infighting within families who are already mourning the loss of a loved one. This can permanently damage or alter family relationships.
When Can a Will be Contested in Pukalani, Hawaii?
Courts in Pukalani, Hawaii will not let a person contest a will unless they have an excellent reason. There are, however, some allegations which will always invalidate a will, if they are proven.
For example, a will obtained through duress (a threat of harm, typically physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. However, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not 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 really 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.
There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Pukalani, Hawaii, and held to be invalid, this typically results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.
Can a Pukalani, Hawaii Contested Will Attorney Help?
Contesting a will is often challenging, and never fun. However, the whole process can be made more bearable if you have the help of a knowledgeable Pukalani, Hawaii attorney, and the process will probably be much more manageable.