What happens when a will is contested in court?

When a will is contested in court, it means that an individual has made a legal challenge to the validity of the will. In California, this challenge can be based on a variety of grounds such as forgery, undue influence, lack of mental capacity, lack of proper signatures, or fraud. Once the challenge has been made, the court will issue an order to begin formal proceedings. The proceedings involve a legal review of the will by both the challenger and the executor of the will. During this review, both sides must present evidence and arguments in their favor. This process can include witness testimonies, affidavits, documents, or other forms of proof. The court will then make a determination as to whether the will is valid or not. If the court finds the will is invalid, the court may then determine who is the rightful heir based on the law of intestate succession in California. Some wills have an alternative clause that allocates the assets to different heirs if the court decides the will is invalid. However, if there is no alternative clause, the court may distribute assets according to the intestate succession laws in California. The court proceedings can be lengthy and costly, so it is important to make sure that a will is properly drafted and executed. If a will is contested, the parties may also reach a settlement agreement outside of court to avoid the long and costly proceedings.

Related FAQs

What happens if the executor of a will dies?
What if I want to challenge the validity of a will?
Can I make changes to a trust after I die?
What is testamentary capacity?
What happens if I die without a will?
What is the difference between a revokeable and irrevocable trust?
What are the requirements for a valid will?
What is the difference between a trust and a will?
What are the estate planning documents I should have?
What powers do executors of wills have?

What happens when a will is contested in court?

Related FAQs

Related Blog Posts