Contesting a Will in Connecticut: The Case Where the Boss Inherited Everything
If you’ve ever wondered how to contest a will in Connecticut, the Falk v. Schuster case is a perfect real‑life example of how Connecticut probate courts handle challenges based on lack of testamentary capacity and undue influence.
A Will That Raised Eyebrows
When David R. Pogolofsky passed away, his will left his entire estate to his employer and the employer’s wife, cutting out his family completely. His heirs quickly filed a will contest in Connecticut probate court, claiming:
The decedent lacked the mental capacity to sign a valid will
The will was the product of undue influence from his employer
What Happened in Court
A Connecticut jury decided the will was invalid, and the case went up to the Connecticut Supreme Court. The court ruled:
Jury trials in will contests can still go forward even if the request is filed late, as long as the trial judge exercises discretion.
Jury interrogatories can be denied if they’re requested too late in the process.
There was enough evidence of mental incapacity and possible insane delusions to let the jury decide the case — especially given the unusual decision to leave everything to a boss instead of family.
Result: The will was thrown out.
Key Takeaways for Contesting a Will in Connecticut
Unusual beneficiaries can trigger a contest: Leaving an estate to a non‑family member is not illegal, but it may lead to a legal challenge.
Testamentary capacity matters: If the person making the will doesn’t understand their assets, heirs, or the impact of the document, it can be invalidated.
Undue influence is a real threat: Pressure or manipulation from someone in a position of trust can overturn a will.
Procedural rules matter — but there’s flexibility: Courts sometimes allow late jury claims in probate cases.
Work with an experienced Connecticut probate attorney: Tight deadlines and complex rules mean acting fast is critical.
Why This Matters for You
If you suspect a loved one’s will was signed under questionable circumstances — or if you were unexpectedly left out — you may have legal options. Under Connecticut will contest laws, you can challenge a will in probate court on grounds like lack of capacity, undue influence, fraud, or improper execution.
The sooner you act, the better your chances of protecting your rights and preserving your loved one’s true wishes.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. For legal help, consult a licensed attorney.