What types of things could invalidate a will?
There are a number of different things that might invalidate a will. First, someone might try to falsify a will by signing someone else’s name or misrepresenting that they have their authority to make or modify a will. This is fraud, and it invalidates the will.
If a person doesn’t have the mental capacity to make a will, the court may throw it out. In addition, a will that someone prepares under unfair influence or duress of another person is unenforceable. This might happen in the case of a caregiver that threatens a person to make a certain will.
In addition, an honest mistake can invalidate a will. In some cases of mistake, the court might not throw out the entire document. They might make adjustments so that distributions are fair and in line with the person’s wishes in light of the honest mistake.
Finally, a person can choose to revoke a will. If that happens, the will is invalid. A Long Beach Probate Attorney can help evaluate the circumstances of your case to help you determine if a contested probate is likely to succeed and whether it’s in your best interests to contest or defend the will in question. It’s usually up to the person who wants the court to declare the will invalid to prove that the will doesn’t meet California’s requirements. That is, the burden of proof for a contested probate is on the person wanting the court to invalidate the will.
What happens if a will is declared invalid?
When the court decides that a will is invalid, it’s thrown out completely. That means that the court has to decide how to distribute the person’s assets. The will no longer has any bearing on who receives the person’s assets. The answer to – What is a contested probate? – might be in some cases that it’s a process that declares an entire will invalid.
How can an attorney help?
If you have a question or concern about a will or other probate proceeding, there are a number of ways that we can help. We get to know you and the circumstances of your case, and then we discuss how California law applies to the case. We explain all of your options. In cases where you need to go to court to contest a will, we can make sure that we prepare your documents in the proper way. Then, we act as zealous advocates for you in court.
In other cases, you may need to defend the validity of a will. Either way, we diligently work to prepare evidence and present it to the court in the most effective way possible. We make sure that our clients know the answer to – What is a contested probate – so that they know what to expect at each step of the way. If you have a question about the probate process or any estate planning need, please contact us today. We look forward to meeting you.