It is important that a person’s last wishes are respected after they pass away. However, there may be issues with a will or how a will was created that can leave loved ones confused and worried about how the deceased’s estate is managed. If family members and loved ones feel that there is an issue with a will, it may be important to learn when and how this legal document can be contested.
Contesting a will means taking legal action to change or dispute the validity of a deceased person’s will. Here is what you should know:
Who can contest a will?
Not just anyone has the legal right to challenge a will. In California, only “interested parties” have the legal right to contest a will. Interested parties can include beneficiaries who are named in a previous or the most recent will, direct heirs of the deceased and creditors.
What are the grounds to contest a will?
Interested parties may need to have valid grounds to challenge the validity of a will. For example, an heir may dispute a will if there is evidence of fraud or forgery. Alternatively, a will may be challenged due to a testator’s lack of testamentary capacity, undue influence or a breach of fiduciary duty.
What happens if a will is contested?
When a will is contested, the probate process may be delayed until the dispute is examined. The dispute is typically examined by a court, which determines if the dispute has valid grounds. If the dispute is successful, the decedent’s estate may be distributed through California’s intestate succession laws or according to a previous valid will.
Contesting a will is often meant to help ensure the deceased person’s true intentions are respected. Successfully contesting a will may require professional legal experience.