In California, if you believe that a will is invalid, you may have the option to contest it in court. This process allows individuals to challenge the will’s validity and present evidence to support their claims. There are several grounds for contesting a will, including questions of testamentary capacity, undue influence and fraud.
Created with sound mind
Testamentary capacity when used as a challenge in probate litigation refers to the mental state of the person who created the will. The person must have been of sound mind and able to understand the consequences of their actions at the time of the will’s creation. If there is evidence that the person was not of sound mind or under duress when creating the will, this could be grounds for contesting its validity.
Undue influence is when someone exerts pressure on the testator to include specific provisions. This can take many forms, such as coercion, manipulation or blackmail. If someone can prove that undue influence was a factor in the creation of the will, this could be grounds for contesting the will.
Contesting a will because of fraud
Fraud is another ground for contesting a will. This can include situations where the will was forged or altered without the knowledge or consent of the person who created it. Additionally, suppose someone makes false promises or representations to the person creating the will. In that case, this could also be considered fraud.
Not properly executed
In addition to these traditional grounds, there are other ways to challenge a will. For example, if the execution of the will was not according to state laws, it may be considered invalid. This could include issues with witnesses, signatures, or other required formalities.
Contesting a will can be challenging and complicated, but there are several grounds for doing so. Each case is unique, and it is important to thoroughly evaluate the circumstances surrounding the will before deciding whether to go forward.