What happens when a will is contested in court?

When a will is contested in court in New Hampshire, the person contesting the will must make their case to the court. During the hearing, the person contesting the will must explain why the will should be declared invalid. The person contesting the will must demonstrate that the will does not meet all the requirements of New Hampshire probate law. The court will then consider the evidence and decide if the will should be declared invalid. The court may consider the circumstances of how the will was created, if the testator (person creating the will) had the mental capacity to make the will, if any changes were made to the will, if any undue influence was used to make the will, and other relevant factors. If the court decides that the will is invalid, the deceased person’s assets will be divided according to New Hampshire’s intestacy laws. This means that the assets will be given to the deceased person’s heirs, as determined by state law. The court may also order a further investigation into any suspicious activities surrounding the will. In New Hampshire, the court will also take into account the intentions of the deceased person, as expressed in the will, to the extent possible. If the court finds that the will is valid, it will be enforced and the assets will be distributed accordingly.

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