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Will Contests

Will Contests in California: Advocating for Your Rights

Estate Law California APC is dedicated to assisting you through the intricacies of will contests in the state of California. With years of experience, Estate Law California APC is committed to safeguarding your interests and ensuring a fair resolution in matters of challenged wills.

Grounds for Contesting a Will in California

A will contest arises when there are disputes or challenges to the validity of a will. In California, these disputes may involve various issues, including:

Lack of Testamentary Capacity:

Allegations that the testator (the person making the will) lacked the mental capacity to understand the consequences of their decisions. Probate Code Sections 810-812 address capacity in estate planning matters.

Undue Influence:

Allegations that someone exerted improper influence over the will creator. Welfare and Institutions Code §15610.70 defines undue influence.

Fraud or Forgery:

Accusations of fraudulent activities or forged signatures related to the creation or execution of the will.

Forgery:

Claims that the will and/or will signatures were forged.

Improper Execution:

Disputes over whether the will was properly signed, witnessed, or notarized according to California law. Probate Code Sections 6110, 6111, and 8252 address execution requirements for will instruments in California.

Legal Process for Will Contests

Navigating a will contest involves specific legal steps:

Filing a Petition:

Initiating the process by filing a petition with the court, outlining the grounds for contesting the will.

Discovery:

Collecting evidence, including witness testimonies, medical records, and relevant documents to support the contest.

Court Proceedings:

Attending court hearings and presenting the case before a judge.

Resolution:

Achieving a resolution through negotiation, settlement, or a court decision.

Why Choose Estate Law California APC

Estate Law California APC specializes in will and estate litigation, offering clients a wealth of experience in handling will contests in California. Estate Law California APC is dedicated to providing personalized attention, understanding the unique aspects of each case, and advocating vigorously for Estate Law California APC’s clients’ rights.

Contact Estate Law California APC today to schedule a free telephone consultation and discuss your will contest case.
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