How Can You Challenge a Will in California
Sep 22 2021 0

How Can You Challenge a Will in California?

If you want to contest a Will in California you will need legitimate grounds to do so. Some acceptable reasons for contesting will in California include:

  • The existence of fraud.
  • There were mistakes made. 
  • The will was not properly executed.
  • The will was made under duress.
  • The will was made by an inebriated person.
  • The will was made by a person who lacked adequate mental capacity.
  • There was another will or action that revoked the will in question.

Certain things must happen for a will to be considered valid. A will must be written and signed. Either the testator, a person the testator validates can sign on their behalf, or a conservator can sign the document. The signing must also be properly witnessed. 

The California probate court will allow a will to be contested if it is not valid. It can become highly complicated to deal with the correct transfer of property after a person dies. This is why if there are questions about forming a will or contesting one, it is strongly encouraged that a person works with an attorney.

If you are a resident of Los Angeles County and have questions about a deceased loved one’s final wishes and will, the Los Angeles business and civil attorneys at Leiva Law can help.

How Does is a Will Revoked in California?

How Can You Challenge a Will in CaliforniaIf there exists another will that is written to retract the first or invalidate a part of that first will, then the initial will can be revoked. The other way that a will can be revoked is if the testator destroys it. Whether this is done by fire, if it is torn, or destroyed in some other way a testator that voluntarily demolishes the document because they want it revoked will also work. 

It isn’t just the testator that can obliterate a will and have that be a way of revoking it. Another person that is in the presence of the testator who has the testator’s permission to do so can also damage the will.

After your loved one dies, you have the right to contest their will if you believe you have grounds. You would object to a petition to probate. While there are certain guidelines that describe this action, the process is not a difficult one. Still, after you file a will contest, the uphill battles begin as you attempt to win your contest. It is typically not an easy task. There is a very high burden that comes with a will contest.

The grounds you cite are going to be important but so are the details of your connection to the deceased. The relationship that you had with the deceased will be one factor that can weigh heavily on the outcome of your contest. For example, if you were not very close with the deceased and have not had contact with them in a very long time, arguing that a will should be revoked in your favor might prove to be a formidable job.

Speak with a Civil Attorney in Los Angeles Today

It is not impossible to win a will contest in California, but understanding how to do so effectively is key.  Having an attorney on your side to help you through the process can improve your chances of success. To discuss your unique situation with a Los Angeles probate lawyer, please call Leiva Law to schedule a free consultation at (818) 519-4465.


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