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Challenges to a Will Codicil

Understanding Will Codicils and Challenges to Codicils in California

In this section, we will explore what a will codicil is and how it can be challenged in the state of California.

What is a Will Codicil?

A will codicil is a legal document that allows individuals to make changes or amendments to an existing will without completely rewriting it. It is used to modify specific provisions, add new instructions, or revoke certain clauses within the original will. A codicil must adhere to the same legal requirements as a will, including proper execution and witnessing.

Challenging a Will Codicil in California

While will codicils provide a flexible way to update estate plans, they can also be subject to challenges. In California, challenges to a will codicil may include:

  • Lack of Capacity:
    Contestants may argue that the individual making the codicil lacked the mental capacity to understand the changes being made. Probate Code Sections 810-812 address capacity in estate planning matters.
  • Undue Influence:
    Allegations may arise that the person making the codicil was unduly influenced or coerced into making specific changes. Welfare and Institutions Code §15610.70 defines undue influence and identifies the elements which will be used to determine if undue influence was exerted.
  • Fraud Forgery:
    Claims of fraud or forgery may be raised, questioning the authenticity of the codicil or signatures.
  • Improper Execution:
    Challenges may arise if the codicil was not executed according to California legal requirements. Probate Code Sections 6110, 6111, and 8252 address execution requirements for will instruments in California.

How Estate Law California APC Can Help

At Estate Law California APC, our litigation counsel is well-versed in handling challenges to will codicils in California. Estate Law California APC works diligently to protect the interests of Estate Law California APC’s clients, whether you are seeking to uphold the validity of a codicil or challenging its authenticity. Contact Estate Law California APC today to schedule a free telephone consultation and discuss your specific situation. Trust in our expertise to guide you through the legal nuances of will codicil challenges, ensuring your rights are preserved.

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