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What Are the Grounds for Contesting Wills?
Understanding the grounds for challenging a will can empower you to take action. Knowing the specific reasons that can invalidate this document, you can better assess your case’s strength and determine the next step to take. Here are the common grounds for contesting a will.
Lack Of Testamentary Capacity
Lack of testamentary capacity refers to the deceased’s mental inability to understand the nature of their assets, as well as the consequences of their will. Evidence to support this claim can come from various sources.
Medical records documenting dementia, Alzheimer’s, or other cognitive decline around the time the will was signed can be influential. Witness accounts of the testator’s confusion, disorientation, or inability to recall basic information can also be compelling evidence. Additionally, if the will contains unexpected or illogical distributions of assets, it might raise questions about the testator’s mental state at the time of signing.
Undue Influence
Undue influence happens when someone pressures a testator to alter the will for the influencer’s benefit. This pressure can be subtle or overt. Signs can include isolation, new dependency, or recent changes in the will favoring someone who has entered the testator’s life.
Fraud Or Forgery
You can challenge a will if you have reasons to believe that the testator did not create it or it contains false information. You can file a contest if you think a will or its signature is fabricated. Evidence of this ground includes handwriting analysis, witness discrepancies, or missing signed original documents.
Improper Execution
Failing to follow the state’s legal requirements can render the will invalid. Some examples of improper execution include missing witnesses, improper signatures, legal mistakes, missing formalities, and date inconsistencies.
Navigating these complexities can be a challenging process. This is why a skilled lawyer becomes invaluable. Their knowledge of California probate laws allows them to analyze your situation, identify potential legal issues, and guide you to the appropriate actions moving forward.
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