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What to know about contesting a will

Several situations may enable you to contest the validity of a will submitted for probate in Hawaii.

If you believe the will of your loved one is not accurate or legally valid, you may be able to question it in court.

Legal grounds to contest a will

The courts in Hawaii do not allow challenges to wills without sufficient evidence. Some potential reasons to dispute the validity of these documents include:

  • Undue influence: This refers to when an individual faces coercion or pressure when creating a will, resulting in a plan that does not accurately reflect your loved one’s wishes
  • Probate fraud: This occurs when someone submits false information or an incorrect will document with the intent to deceive the court
  • Lack of mental capacity: This happens if your family member did not have the necessary legal ability to understand their will at the time of signing
  • Legal issues: If a will fails to meet state laws and requirements, you can contest its validity

Time limitations for contesting a will

The law determines the timeframe for contesting a will based on the date the probate process begins. The typical time limit is about 30 days but varies depending on your unique circumstances.

Court process to contest a will in probate

When you want to contest a will, you must first file a claim with the probate court. You then need to present evidence supporting your allegations. Finally, the court determines the will’s validity based on your testimony and proof.

Contesting a will in Hawaii can be a complex legal process that requires in-depth knowledge of probate laws and court processes.