CONNECTICUT STATUTES AND CODES
Sec. 45a-186b. Appeal from probate court after a hearing on the record: Standard of review.
Sec. 45a-186b. Appeal from probate court after a hearing on the record: Standard of review. In an appeal taken under section 45a-186 from a matter heard on the
record in the Court of Probate, the Superior Court shall not substitute its judgment for
that of the Court of Probate as to the weight of the evidence on questions of fact. The
Superior Court shall affirm the decision of the Court of Probate unless the Superior
Court finds that substantial rights of the person appealing have been prejudiced because
the findings, inferences, conclusions or decisions are: (1) In violation of the federal or
state constitution or the general statutes, (2) in excess of the statutory authority of the
Court of Probate, (3) made on unlawful procedure, (4) affected by other error of law,
(5) clearly erroneous in view of the reliable, probative and substantial evidence on the
whole record, or (6) arbitrary or capricious or characterized by abuse of discretion or
clearly unwarranted exercise of discretion. If the Superior Court finds such prejudice,
the Superior Court shall sustain the appeal and, if appropriate, may render a judgment
that modifies the Court of Probate's order, denial or decree or remand the case to the
Court of Probate for further proceedings. For the purposes of this section, a remand is
a final judgment.
(P.A. 07-116, S. 4.)
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