California Will Contest Lawyer Basics Part 1: Can You Contest a Will?

You might have questions about whether or not you can or should contest a will. A will contest is the formal challenge of the validity of a document that has been proposed to go through the California probate process. One of the main reasons that you may wish to contest a will in California relies on the belief that it does not cover the actual intent of the testator or the person who created it.

You might argue, for example, a caregiver took advantage of this loved one in the last few months of their life and directed your loved one to make substantial changes to their will that they otherwise would not have made. The support of a California will contest lawyer can help you through this process in deciding whether or not it is the right fit for you to initiate a will contest.

Understanding No Contest Clauses

Some wills include a no contest clause along the lines of stating that any person who attempts to contest the will could forfeit their right to get anything. The purpose of this is to disinherit any party who attempts to challenge the validity of the will.

If the interested party was given something substantial under the will, then this gift might compel that person to forego a will contest even if they suspect that the rest of the will is invalid. Estate planning lawyers might recommend that clients include no contest clauses in their will and can even advise that some clients give meaningful gifts to close heirs that they otherwise plan to disinherit to minimize litigation risks.

Need help creating your own will in California? Our Pasadena estate law office can help with that.

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