How do I contest a will?

In California, contesting a will (also known as a will contest or will challenge) is a legal process used to dispute the validity of a will or trust. To contest a will, you must provide evidence that the will was not validly executed or that the deceased person was unduly influenced or coerced by someone to change the terms of the will. One of the most common ways of contesting a will is to claim that the deceased was mentally unfit at the time they made the will or that they lacked the capacity to make a valid will. To prove this claim, you must present evidence that the deceased was not of sound mind or did not understand the implications and consequences of making a will. Another common way of contesting a will is to establish that the will was fraudulently obtained or was a result of undue influence or coercion. To prove this claim, you must show that the deceased was manipulated and tricked into signing the will, or that the deceased was being pressured by someone to change the terms of the will. Before you can contest a will, you will need to obtain a copy of it in order to review the document. Once you have obtained a copy of the will, you can then file a motion with the court to challenge the validity of the will. This motion must include an explanation of your position and why you believe the will should not be enforced. Once this motion is filed, the court will then review the will and determine its validity.

Related FAQs

What is a pour-over trust?
What is testamentary capacity?
Can I disinherit someone in my will?
How do I distribute assets through a will?
Can I make gifts in a will?
What is a durable power of attorney?
Can I change the beneficiaries of my will after I die?
What is an inheritance tax waiver?
Who can challenge a will?
What happens to a will when the testator dies?

Related Blog Posts

Understanding Wills and Probate Law: The Basics - July 31, 2023
The Benefits of Establishing a Will: An Overview - August 7, 2023
Creating a Trust to Maximize Estate Planning Benefits - August 14, 2023
How Executors Handle Probate: A Step-by-Step Guide - August 21, 2023
The Difference between Wills and Living Trusts - August 28, 2023