Back to the Learning Center

By: Scott Grossman on September 30th, 2016

California Will Fraud: What Happens When Your Loved One Was Victimized

If you suspect that your loved one was the victim of California will fraud, don’t sit back and accept it. An experienced San Diego probate lawyer can assist you in challenging the validity of the will. Of course, this  depends on the facts and circumstances surrounding your case. If your loved one was lied to, and the result of that lie led to changes or additions to his or her will that otherwise would not have been made, you may have valid grounds for contesting the will under California law.

How do will contests based upon fraud work?

Fraud occurs when the testator is lied to and:

  • That lie causes the testator to make an addition to his or her will; or
  • That lie causes the testator to make a change to his or her will.

It must be proven that such a change or addition would have not have occurred but for the lie. Proving the existence of fraud will render a will to be declared invalid

Proving fraud can be challenging. The individual bringing the will contest will need to demonstrate to the court, that it was the lie that induced the testator to make the change or addition to their will. Since the testator is often deceased, proving his or her state of mind may be difficult. Fortunately, an experienced California probate lawyer can help you to evaluate the facts and circumstances surrounding your claim. Furthermore, a California probate lawyer will also help you gather the evidence necessary for overturning the will.

If you suspect that your loved one was the victim of will fraud, it is essential that you contact an experienced professional for assistance. For more information, contact a dedicated San Diego probate attorney for a free consultation. Call our us today at (888) 443-6590.