A will challenge is one of the many forms of estate litigation that might occur in Los Angeles. It questions the legality of an alleged will. Allegations of forgery, lack of mental ability, or improper influence are some of the most frequent will contest types in Los Angeles. For instance, if the will specifies that the deceased’s children should receive an equal share of the estate, but one child receives a larger share than the others, this could lead to disputes and even legal action.
Who may challenge a will?
Only these people have the right to contest a will:
- Those that the will specifically names
- Those who would have gotten a share of the estate under intestate laws (Intestacy rules specify how an estate is divided when someone passes away without leaving a will)
- Those who were mentioned in a prior will
To find out if a will contains a No Contest clause is the first step if you qualify as a party with legal reasons to contest it. According to this clause, any beneficiary who tries to oppose it will lose their status as a beneficiary. If you want to proceed and dispute the will in this situation and the court determines that it is legal, you will no longer be entitled to an inheritance.
Engaging experienced Los Angeles estate litigation attorneys is valuable in such a case. They can review the circumstances of your matter to help you comprehend all your legal options.
What grounds exist for contesting a will in Los Angeles?
According to California state law, anyone older than 18 may write a legal will. This person needs to be mentally sound, have testamentary ability, and not be subject to undue influence. Additionally, every Last Will and Testament must have two witnesses present when executed per the California Probate Code. Specific rules dictate who can act as a witness, and the will is signed under what situations.
All witnesses must be impartial individuals who will not benefit from the will’s provisions or inherit any property. They must also see the will be signed in person and be informed of what they are signing. Each signer’s signature must be written by hand.
Even while a will that lacks witness signatures is subject to contests, it might not be officially deemed invalid. If the testator’s signature and the substantive provisions of the will are written in the testator’s handwriting, the court may regard it as a holographic will.
To sum up, there must be a legitimate legal justification for contesting. The following are only a few:
- If the maker of the will was under the age of 18
- If the will-maker lacked the mental ability to sign it or wasn’t mentally competent at the time
- If the will is not handwritten or the testator did not sign the document
- If the will was informed by deceit or improper influence
- If at least two legally required witnesses didn’t sign the will
Final thoughts
Contesting a will in Los Angeles comes with challenges, and an estate litigation attorney can help you understand how to proceed.