Category Archives: Contesting A Will

Who Can Contest a Will?

After a loved one dies, the essential grieving process can be soured by the late relative’s estate and how it will be divided among family. Cousin Albert can’t contest your late father’s will as easily as you might think, however. Depending on how the will was drafted and who was named in the will, only certain people will be allowed to contest wills. If you’re not sure whether you can contest a will, check out the list below and see which descriptions best fit your personal circumstances. Beneficiaries Beneficiaries are those who are named in the will and can include:…

What are Your Rights When Contesting a Will in California?

Will and trust contests in California are subject to California statutes and you must know the rules of the law to be successful when contesting or defending against the contest. California Probate Code Sections 8250–8254 lay the ground rules for contesting wills. While you should have a lawyer handle the contest for you, a basic understanding of the process is helpful. You can contest a will for many reasons, such as when you believe your loved one signed the will under duress or undue influence. Or perhaps you believe misrepresentation or fraud occurred or that the will had been revoked….

Contesting A Will In California

The contestants of a will have the burden of providing evidence and persuasion to establish lack of testamentary intent or capacity, fraud, duress, undue influence, mistake or revocation. Latent or patent ambiguities are errors the court may remedy, if applicable. A patent ambiguity is when a word is vague on the surface, and a latent ambiguity is when a word can have more than one meaning. A California estate planning attorney assists clients by drafting a will in a manner designed to avoid ambiguities. Arguing ambiguities Under Cal. Prob. Code §21120, the words of an instrument are to be interpreted…