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By: Scott Grossman on September 15th, 2016

Evidence to Prove that a New Will Revokes an Earlier California Will

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 estate litigation matter will try to prove that the subsequent will revokes all or part of the prior will.

How a new will revokes 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:

  1. A validly executed will that meets all requirements to be a will under California law
  2. Language within the later will that revokes all or part of the prior will
  3. Language within the later will that, by its terms, revokes all or part of the prior will
  4. Evidence that the older will was burned, torn, canceled, obliterated, or destroyed with the intent of revoking it
  5. 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. Wills may contain a no-contest clause in California that could leave the beneficiaries with nothing if they lose.

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