In the discussion on will caveats or contests, Cecil Harvell and Wes Collins emphasized that challenging a will is a complex, fact-driven process requiring a jury trial, extensive investigation, and significant legal preparation. They highlighted the importance of ensuring a will's validity during the planning stage to avoid costly, time-consuming litigation and emotional distress for families. Additionally, they noted that courts may assess attorney's fees against parties without meritorious claims, underscoring the need for careful consideration before pursuing a will contest.

Overview of Will Contest and Caveats

• Discussion of situations that might prompt contesting a will, such as undue influence, lack of competency of the testator, fraud, or suspicious circumstances around the will’s creation.

• The statute of limitations for filing a will contest is three years from when the will is filed with the Superior Court.
  [01:15]

Jury Trial Requirement in Will Contests

• Will contests are one of the few areas in civil law where a jury trial is mandated by statute.

• This jury makes determinations based on the facts surrounding the will’s validity, execution, and circumstances at the time of signing.

• Judges do not decide the facts in this context, unlike many other civil cases.
  [04:30]

Role and Responsibility of the Clerk of Court

• The clerk of court reviews a will’s formalities, such as presence of witnesses, proper execution, and affidavits, before accepting it into probate.

• A properly drafted will prepared by a licensed attorney typically meets these requirements and will be accepted.

• The clerk cannot revoke acceptance if a subsequent will is presented later; challenges to competing wills must be handled via a caveat proceeding.
  [11:00]

Handling Competing Wills and Caveat Proceedings

• If a second will emerges after the first has been probated, a formal caveat must be filed to challenge the first will’s validity.

• This caveat initiates a process that freezes estate administration until resolved.

• Most disputes over competing wills are resolved by motion for summary judgment if there are no factual disputes, avoiding a jury trial.
  [14:50]

Litigation Process in Will Contests

• Will caveat proceedings are full-blown litigation involving discovery, depositions, interrogatories, motions, and possibly a trial by jury.

• Litigation is complex, time-consuming, and expensive, requiring significant research, documentation, and client engagement.

• Emotional aspects and high stakes around significant property make settlements difficult.
  [20:45]

Costs, Attorney Fees, and Potential Awards

• Courts have discretion to assess attorney fees and costs against either party or the estate based on the case’s merits.

• Fees can be awarded against parties found to have acted improperly or without sufficient cause.

• This financial risk requires careful consideration before initiating a will contest.
  [27:00]

Importance of Proper Estate Planning

• Early and thorough estate planning with qualified attorneys is critical to avoiding litigation.

• Red flags such as hurried hospital wills, presence of only certain family members, or last-minute changes often lead to challenges.

• Good planning saves time, money, and emotional distress for families.
  [32:45]