A will may be contested in court for a host of reasons, whether due to a testator’s lack of capacity at the time the will was executed, or due to fraud, undue influence or mistake. A California estate planning law firm assists clients in drafting wills and litigating issues related to will contentions.
Possessing testamentary capacity at the time of execution
Under California Probate Code §6100, an individual must be at least 18 years-old and of sound mind to form a will. Additionally, the Probate Code §§6110-6113 requires a will be signed by the person creating the will, known as the testator, and signed by two witnesses in the presence of the person creating the will. In addition, witnesses must sign an affidavit confirming the testator’s mental capacity and signature.
In §6100.5, the testator is not competent to draft a will if, at the time of its creation, the individual does not have sufficient mental capacity to understand the:
- Nature of the testamentary act
- Nature and extent of property
- Individual’s relationship to living descendants, spouse and parents, as well as those whose interests are affected by the will
Having the requisite testamentary capacity ensures an individual’s wishes are executed in a manner the individual desired when of sound mind. By adhering to the capacity requirements of forming a will, you can generally be sure your wishes will be honored. If the testator is deemed to lack capacity, then entire will is deemed invalid. By contacting a highly-regarded law firm for assistance in drafting a will, the likelihood of facing a will contest is significantly reduced.
Retain representation from highly skilled San Jose attorneys
By bringing your case to the Temmerman, Cilley & Kohlmann, LLP law firm, you work with dedicated attorneys who are committed to effectively drafting estate planning instruments and aggressively litigating to obtain justice for clients. The firm represents clients in San Jose, Sunnyvale, Los Gatos and the surrounding cities who have estate planning concerns.