When can a will be challenged in court?
In Hawaii, a will can typically be challenged in court when it is believed that the person who created the will—known as the “testator”—was either not of sound mind or did not have the capacity to sign a legally binding document. Additionally, a will can be challenged if there is evidence of fraud, duress, or undue influence. It is important to note that challenging a will can be a difficult and expensive process, as the court must consider evidence from both sides carefully before making a final decision. In addition, Hawaii’s Probate Code states that a will can be challenged within three years of the testator’s death, even if the challenger does not have any evidence to support their claim. Furthermore, if the testator was under the age of eighteen, a challenge can be made at any time. Finally, individuals are allowed to challenge a will if they believe that they have been excluded from the will unfairly or left out of the will in error. In these cases, the court may order the testator’s estate to provide a financial compensation to the challenger. It is important to remember that challenging a will is a complicated process and should not be done lightly. A person should seek the advice of a qualified attorney before deciding to challenge a will in a Hawaiian court.
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