If a will states that one daughter, who is in hospice in a nursing home, is not to receive a share of the estate, can a judge override the will?
2 Answers from Attorneys
Not just because he thinks it unfair. Statutory grounds of fraud, duress, etc, would have to be proven by the sister.
A judge could do that, but only if there was a hearing at which evidence was produced that showed that the will was made under circumstances that were shown to be clear violations of laws related to wills. Making a Last Will and Testament is a very formal process and strict rules and procedures must be followed. Since I do not know what happened (if anything) in the court, it is difficult to say that the judge can or cannot override the will.