Q: Holographic Will beong offered to probate which is Not in Testators handwriting. Expert Witness Document Examiner proof
Can the objection be heard at initial hearing to probate will and thus avoid trial?
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A:
In cases involving a holographic will being offered for probate, which is not in the testator's handwriting, raising an objection based on this ground can indeed be addressed at the initial hearing. If an expert witness document examiner has provided proof that the will is not in the testator's handwriting, this evidence can be crucial.
You can present the objection and the expert witness's findings during the initial probate hearing. The court has the discretion to consider this evidence immediately to determine the will's authenticity. If the evidence is compelling and clear, it might be possible to resolve the matter without proceeding to a full trial.
However, the complexity of the case and the judge's assessment of the initial evidence presented can influence whether the issue will be resolved at this stage or if a more detailed examination through a trial is necessary. It's important to prepare a strong case for the initial hearing, highlighting the expert evidence and how it impacts the will's validity.
Keep in mind, the goal at the initial hearing is to convince the court of the necessity to scrutinize the will's authenticity based on the expert evidence provided. If successful, this could indeed avoid a lengthy trial process, but be prepared for all possible outcomes, including the court deciding that a full trial is necessary to explore the matter thoroughly.
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