This is a multi-state form covering the subject matter of the title.
Connecticut Complaint to Contest Will
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If you disagree with a probate judge's decision, you have the right to appeal that decision to the Superior Court. In most cases, the appeal must be taken within 30 days of the date of the probate decree, but there are important exceptions to this rule.
Include a No Contest Clause in the Will Another strategy to avoid a Will contest includes a ?no-contest? or ?in terrorem? clause in your Will. A typical ?no-contest? clause states that if an heir challenges your Will and loses, then he or she gets nothing.
contest clause ? also called a ?penalty clause,? or in legal circles, an ?in terrorem? clause ? is meant to prevent beneficiaries from challenging the will after the individual dies.
To successfully contest the will, the petitioner must provide facts that the will is invalid. This may include showing a will was not signed, witnessed or notarized ing to Connecticut law, or was forged.
Valid legal reasons to contest a will include: Lack of testamentary capacity when the decedent wrote the last will and testament. Fraud or someone exerting undue influence over the testator. Insufficient or inappropriate witnesses.
"If any beneficiary under this will seeks to obtain in any proceeding in any court an adjudication that this will or any of its provisions is void, or seeks otherwise to void, nullify, or set aside this will or any of its provisions, then the right of that person to take any interest given to him or her by this will ...
Spouse and children -- spouse takes 1/2 the estate. If the children are also the spouse's, the spouse also takes $100,000. If they are not, spouse only takes 1/2. Whatever remains is divided equally among the children in the same generation.
The Thinking Behind Leaving One Dollar By leaving money, the goal is to dissuade someone from contesting because they would lose out on any money; however, by leaving a dollar the person isn't really losing anything. Anyone can contest your Will, regardless of whether you disinherit that person or leave them something.
