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Six Questions To Ask If You Are Considering Grounds For A Will Contest

When a loved one passes away, friends and family are sometimes surprised to discover the contents of that person’s will. Distributions of the person’s property may have been made to unexpected individuals, charities, or entities. The fact that the contents of the will itself are surprising is not in and of itself grounds for pursuing a San Diego will contest. If you suspect that the choices made were not truly those of your loved one, however, it is worth consulting with an experienced attorney who can review the facts surrounding the signing of the will. Sometimes, the attorney overseeing the execution of the will may have failed to ensure that the will was properly signed.

As you consider whether to pursue a will contest, one important consideration is to assess whether the attorney who oversaw the will signing followed the requisite formalities. The following are six important questions to pursue:

  1. Was the attorney present in the room when the will was actually signed?
  2. Did the attorney confirm that the person signing the will understood what he or she was signing at the time he or she signed it?
  3. Did the attorney inquire about and fully understand the assets owned by the person creating the will?
  4. Did the attorney confirm that the person signing the will understood the extent of his or her property and how it will be distributed under the terms of the will?
  5. Did the attorney ensure that witnesses were present while the will was being signed, and did they sign the document as well?
  6. Did the attorney confirm the identity and age of the person signing the will and the witnesses?

There are many angles to pursue when attempting to challenge the validity of a will through a San Diego will contest. Our article, “Probate Litigation: 12 Ways to Challenge a California Will,” outlines many of the facts that can lead to having grounds for pursuing estate litigation. For more information about whether a will contest is the right choice for you, contact an experienced San Diego probate litigation attorney today. Call The Grossman Law Firm at (888) 443-6590 for a consultation.

Scott Grossman

Scott Grossman


The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307

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