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By: Scott Grossman on October 14th, 2016

California Will Contests: 10 Important Questions to Consider

One way to pursue California’s will contest is to argue that it was not executed in compliance with basic state law. In order to create a valid will, the California Probate Code lists several requirements that must be met. Therefore, if you suspect the will of your loved one did not meet those requirements, you may have grounds for a California will contest. Hence, an experienced San Diego probate litigation attorney can review the will and help determine whether you have a successful claim.

In order to assess whether a will met the requirements outlined by California law, consider the following questions:

  1. Was the decedent at least 18 years old when they signed the will?
  2. Did the decedent sign the will?
  3. Did someone else sign on behalf of the decedent? If so, was the decedent present?
  4. Were there two witnesses to the signing of the will?
  5. Did a conservator execute the will under probate court order?
  6. Were the two witnesses present at the same time?
  7. Did the witnesses witness the signing of the will by the decedent or the decedent’s acknowledgment of the signature on the will?
  8. Did the witnesses sign the will?
  9. Was the will in writing?
  10. Did the witnesses understand that the document they signed was the decedent’s will?

In addition to allegations that a will is not valid based upon a failure to satisfy the requirements of California law, you may also challenge a will for several other reasons. One such reason is mental incapacity. Our article, “California Will Contest or Trust Contest Based on Mental Incapacity,” provides additional information. If you are ready to start your case, then please give us a call or fill out our Get Help Now form.  If you want a comprehensive overview of California trust litigation, then click here. If you have more questions about trust litigation, then you will find plenty of useful information in our Learning Center.

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