Contest a Will in Oakland or Walnut Creek

A will is a legal document created by an individual, called the testator, which names the person who will manage their estate and explains how the property of the testator will be transferred upon their death. If there is a will dispute in Oakland and someone desires an Oakland or Walnut Creek will contest, it means that a person or party desires to challenge the content or intent of a will.  A will can be invalidated on a number of grounds that include the following:

  • Fraud is involved, such as a person writing a will under the name of somebody else.
  • The writer was under duress, meaning they were threatened or forced to write or change the contents of their will.
  • There are mistakes resulting from honest error.
  • The writer had limited mental capacity at the time the will was written.

Additional grounds exist for a will dispute. If you have questions about or would like to contest a will in Walnut Creek or Oakland, you should speak with an Oakland or Walnut Creek wills lawyer at Vaught & Boutris LLP.

If a Walnut Creek or Oakland contested will is successful

It depends on the reason for the will dispute in Oakland or Walnut Creek. If the will was found to be invalid because it did not conform to the state’s requirements or the testator was not mentally competent when it was made, then the property will pass under intestacy as if the will never existed. But sometimes only part of the will are found to be invalid. If a beneficiary is found to have coerced the testator, then only the gift to that beneficiary is invalid and the property falls into the residuary estate (if there is one) or under intestacy, and the rest of the will remains valid.

Contact us to contest a will in Walnut Creek or Oakland

The attorneys at Vaught & Boutris LLP are knowledgeable about many aspects of Walnut Creek and Oakland contested will laws. We provide excellent client representation at affordable prices. To discuss your case, contact us online or call 510-430-1518 today.

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