One tactic that a party may use to try and overturn a California will is to argue that a later, more recent version of the document was executed by the deceased. When this happens, the petitioner in the San Diego estate litigation matter will try to prove that the subsequent will revoked all or part of the prior will. If you are the executor or beneficiary of an estate and a party is challenging the will, you need the legal guidance of an experienced San Diego estate litigation attorney.
How is a will revoked by a subsequent will in California? The following are examples of evidence that the petitioner would have to present to succeed in his or her claim:
- A validly executed will that meets all requirements to be a will under California law
- Language within the later will that revokes all or part of the prior will
- Language within the later will that, by its terms, revokes all or part of the prior will
- Evidence that the older will was burned, torn, canceled, obliterated, or destroyed with the intent of revoking it
- Evidence that the earlier will was destroyed by a person other than the deceased, at his or her direction and in his or her presence
Parties challenging the validity of a will should beware, however. Wills may contain a no-contest clause in California that could leave the beneficiaries with nothing if they lose. Our article, California No-Contest Clause Could Leave You With Nothing, offers additional information.
To learn even more about the process of challenging a will or defending a will under California law, view our free book, The Ultimate Guide to California Trust and Probate Litigation. Contact an experienced San Diego probate litigation lawyer for more information about your California will matter. Call the Grossman Law Office today at our toll-free number, (888) 443-6590.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307