If someone successfully challenges your California will after you pass away, this may invalidate your estate plan intentions. Doing thorough research and choosing the right Pasadena estate planning attorney can help you decrease the possibility of having your will invalidated by the courts. In very limited circumstances, California courts do have the power to invalidate the wishes outlined in your will.
Only individuals who have appropriate standing are eligible to contest your will. If the person was not included in the current will but would be considered an heir or if they would have stood to receive an inheritance from a previous version of the will, are the only individuals eligible to challenge the standing of a current will.
There are six primary reasons why a California court may invalidate a will. These include revocation, lack of testamentary capacity, duress, undue influence, mistake, and fraud. The burden of proving that the will is invalid for one or more of these reasons falls on the individual who challenges the will. For example, if a loved one believes you did not have the mental capacity to understand your estate or the plans you made for it, they may argue you had a lack of testamentary capacity, but they would need to prove that in court. It can be very difficult for someone to argue your will is invalid, but even the process of the challenge can slow down probate in the interim.
By creating a comprehensive will in line with your wishes and California law, you can minimize the possibility that someone is eligible to challenge your will in the future. You can also include specific language regarding consequences for contesting the will. A will contest can be expensive and can delay the distribution of your assets from probate, which is why many people are interested in ensuring that they have done as much as possible to reduce the chances of a will challenge. Work with our Pasadena estate plan lawyers to discuss creating your own California will.
