What evidence should I gather if someone is challenging the validity of a California will?

California will contest matters 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 California will, consider taking the following steps to prove its validity.

When Someone is Challenging the Validity of a California Will: 

  1. First of all, contact an experienced San Diego will contest attorney for guidance.
  2. Also, verify that you have the original Will.
  3. Additionally, obtain the testimony or an affidavit from the attorney who drafted the Will.
  4. Furthermore, obtain the testimony or an affidavit from the witnesses to the Will.
  5. Gather evidence that supports your view of the testator’s mental capacity at the time of signing of the Will.
  6. Additionally, determine whether prior Wills existed.
  7. 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. Our article, Will Contest Based on Undue Influence, provides more information that can be helpful when considering what evidence to gather when someone is challenging the validity of a California will. For more information about defending the validity of a California will, contact an experienced San Diego estate litigation attorney at the Grossman Law Firm. Call our toll-free number at (888) 443-6590 for a consultation. Or, you can contact us via our quick and easy online form. It would be our pleasure to further assist you.

 
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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