Challenging the Validity of a Will
California will contest matters that can interfere with the administration of an estate while eating up valuable time and resources. Unfortunately, these matters must be defended even when the executor feels they are frivolous. If someone is challenging the validity of a will in California consider the following steps:
- First of all, contact an experienced will contest attorney for guidance.
- Also, verify that you have the original Will.
- Additionally, obtain the testimony or an affidavit from the attorney who drafted the Will.
- Furthermore, obtain the testimony or an affidavit from the witnesses to the Will.
- Gather evidence that supports your view of the testator’s mental capacity at the time of signing the Will.
- Additionally, determine whether prior Wills existed.
- Lastly, obtain the opinion of a handwriting expert who can analyze the signature to verify that it is the signature of the testator.
In conclusion, one common claim in will contest matters is that the testator was under undue influence at the time he or she created the will.
If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.