What are the applicable statutes of limitations for contesting a will?

In Rhode Island, the statutes of limitation for contesting a will vary depending on the type of challenge to the will. Generally, contesting a will must be made within two years from the date of the death of the deceased. This is accordance with Rhode Island law, which sets a two-year statute of limitations for most civil actions. However, if the challenge is based on fraud, lack of testamentary capacity, duress, or undue influence, the applicable statute of limitation is six years from when the act or omission of fraud, lack of testamentary capacity, duress, or undue influence occurred, or two years from the date of the death of the testator, whichever occurs first. Furthermore, if the challenge is based on the late execution of the will, or a prior will, the claim must be made within one year from the death of the testator, or within six months of the time the will or codicil is admitted to probate, whichever occurs first. In addition, it is important to consider the age of the legatee or heir when determining the applicable statute of limitation for contesting a will. If the legatee or heir is a minor, the claim must be made within two years of them becoming of legal age, or within two years from the date of death of the testator, whichever occurs first. If the legatee or heir is of legal age, the claim must be made within two years from the death of the testator. All of these applicable statutes of limitations must be taken into consideration by any individual looking to contest a will in Rhode Island.

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