Probate Litigation: 12 Ways to Challenge a California Will

While it does not happen during every estate administration, occasionally a party will come forward and challenge a California will. Unfortunately, even frivolous claims will take up valuable time and financial resources of the estate as the executor fights to defend the validity of the will. If you are involved in a will contest in San Diego, it is vital that you have an experienced legal professional in your corner.

There are many angles that a person can use to try to have a will removed in a probate matter.

Twelve ways that an individual can challenge a California will:

  1. The testator was under age 18.
  2. The testator was not capable of reasoning and making decisions.
  3. Testator did not sign the California will.
  4. Another person did not sign the California will in the testator’s presence and at their direction.
  5. A conservator under court order did not sign the California will.
  6. At least two witnesses did not sign the California will.
  7. The witnesses were not present at the same time.
  8. The witnesses did not see the signing of the will.
  9. Witnesses did not see the testator’s acknowledgement of the signature or of the will.
  10. Witnesses did not understand that the instrument they were signing was the testator’s will.
  11. The will is not in writing.
  12. The signature is not that of the testator, but is handwritten.

Forgery is yet another example of grounds to challenge a will. Our article, Suspect a San Diego Will Forgery? Ask These Questions, offers more information about this type of claim. For more information about will contest matters, consult with an experienced San Diego probate litigation attorney today for further guidance. Call the Grossman Law Firm at (888) 443-6590.

 
Scott Grossman

Scott Grossman

Attorney

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

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