Contesting a Will
If someone contests a will, that person challenges the content of a will in a court of law. 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 decedent was under duress, meaning they were threatened or forced to write or change the contents of their will.
- The decedent was acting under undue influence from another person.
- There are mistakes resulting from honest error.
- The writer had insufficient mental capacity at the time the will was written.
What Happens if a Will Contest is Successful?
The result of a successful contest depends on the reason for the will dispute. If the will was found to be invalid because it did not conform to California law, or if the testator was not mentally competent when it was made, then the property will pass according to the laws of intestacy as if the will never existed.
If you have questions about a will contest, or if you would like to contest a will, the expert attorneys at Vaught & Boutris will be happy to speak with you.