Can a will be challenged after 6 years?

UPDATED: Sep 30, 2022

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Can a will be challenged after 6 years?

About 6 years or so ago, my sister passed suddenly from heart failure or so I was told. My brother presented a holographic Will giving everything to himself, including her half of a valuable farming property. My sister was never married and had no children, our parents are deceased, there is only my brother and myself. At the time I didn’t think it was in her handwriting but didn’t know that a holographic Will had to be, also it wasn’t even witnessed. If I took it to handwriting experts and proved it wasn’t her hand, could I ask the court to throw it out? I know you only have 120 days to challenge in probate court but I have found you can challenge a fraudulent document at any time, according to my research.

Asked on January 11, 2017 under Estate Planning, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you cannot challenge a fraudulent document at any time; the statute of limitations (time within whcih to institute a legal proceeding) for fraud in your state is five years, so the most time you would have to bring a legal challenge based on fraud would have been 5 years after your sister passed and you became aware of the will andd its terms.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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