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Will contest, Rhode Island, USA

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  • Will contest, Rhode Island, USA

    My mother died in Nov 2012. Sister sent copy of the will which arrived 22 Jan 2013 (everyone sick) with will probate date of 25 Jan 2013.

    After my mother moves into sister's house, she writes a new will (2007) that excludes me and older brother. Sister had mother under her thumb, she even communicated for her.

    Can I contest the will?

  • #2
    Re: Will contest, Rhode Island, USA

    I wish to inform you that you can contest the Will if you can show that Will was not written by mother with her free consent. If sister used to show force to mother then it can form basis of argument that change of Will after moving clearly shows that sister has manipulated Will by force. Further the manner in which will have been formed may be checked to gather additional evidence that Will was not by free contest.



    • #3
      Re: Will contest, Rhode Island, USA

      For contesting a will, there must be a reasonable rationale behind it. There must be grounds to believe that the contents of the will are in error or are the result of fraud, loss of mental capacity of the person leaving the will or undue influence by someone who might benefit from the will. A will cannot be enforced if it can be proved that it is the product of fraud or undue influence. You can contest the will by proving that it was a result of undue influence.

      It is always advisable to seek the assistance of an attorney who can help answer any questions you may have.


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