What Are the Grounds For Contesting a Will?
Wills can be complicated and stressful, especially when it comes to contesting a will. If you’re hoping to find more information about this process and be well prepared before taking action, then you’ve come to the right place.
Read further for all the details.
Introduction
Wills are often a private thing known only by the person handling the will and the one signing it. Very few – if any – other people, including family members, will not know the exact contents of a will until death occurs. And then, well, things can get a bit unruly and family feuds begin.
Emotions are running high. Grief is running rampant. And hearing something read in the will that differs from what you’d always imagined may make you want to contest it.
Sure, you may be unhappy with what is stated in the will, but do you really want to contest it? Do you even have grounds for contesting it?
Who Can Contest a Will?
Each state will differ, but there are certain reasons you must have for contesting a will and you must be a person who has the legal authority to do so. In other words, random family members who are unhappy about the distribution cannot formally contest a will.
In California, the person who wishes to contest the will must be one of the following:
- Named in the current will.
- Named in the previous will.
- A qualified representative for an interested person.
- Someone who would have received distribution if no will was in place, such as heirs and relatives.
This leaves room for many people to step up – especially interested persons. And, it also means creditors can contest a will, too.
It is important to note that the person who steps up to contest the will is the one who bears the burden of proof – and the one who must show there is a valid claim to do so.
What are the grounds for contesting? Let’s take a closer look.
Grounds for Contesting a Will
There are a few reasons why someone may want to contest a will. Check with an attorney before doing so to make sure your reason is a valid reason as the grounds to contest will vary by state.
Lack of testamentary intent or capacity.
Certain medical conditions and such may impact a person’s ability to think and act clearly. If the deceased were to have signed a will while not in the proper mental capacity to do so, then one may want to contest it. However, this person must be able to prove the decedent’s mental state at the time of signing.
California law looks for any of the following:
- Whether the decedent understood the nature of the testamentary act.
- Whether the decedent could understand and recollect the nature and situation of his or her property and assets.
- Whether the decedent could understand his or her relations to living relatives and those who would have an interest in or be affected by the will.
- Whether the decedent suffered from a mental disorder that resulted in delusions or hallucinations.
Undue influence.
Persuasive and manipulative individuals can impact one’s decision when drawing up a will. This behavior could cause one to act against one’s free will. California law looks at the following:
- The vulnerability of the victim.
- The authority of the influencer.
- The actions or tactics used by the said influencer.
Fraud.
Was the decedent tricked into signing the will? Was the document misrepresented or changed without knowledge before signing? Was the signature on the will forged? While it is often difficult to prove, fraud is a means to contest a will.
Duress.
If a will is written while the individual is under injury or the threat of injury or while being held against one’s will, this counts as duress. This type of coercion limits one’s ability to think clearly and act with an independent mind. And often the signed will contains provisions that the decedent would not otherwise take.
Mistake.
It may be difficult to prove, but if there is a mistake in the will that does not coincide with the decedent’s expression of intent, the will may be contested.
Revocation.
A will can be revoked – in whole or in part. In California, this is done if:
- There is a subsequent will that revokes the prior will (or part of it).
- The will has been burned, torn, canceled, obliterated, or destroyed with the intent of revoking it. This action must have been taken by the decedent or by another person in the decedent’s presence – and at his or her direction.
Contesting in the Proper Time Frame
Remember, it may vary depending on the state law, but in California, most wills will be entered into probate once a person dies. This is what validates the will. The person who wishes to contest the will should know that they need to address the court to do so. Often, this involves filing a lawsuit against the finalization of the will – and it must be done before the probate has concluded.
By filing a lawsuit, hearing time in front of the judge will be granted. You will be able to present your grounds for contesting and your legal proof for doing so.
Sometimes, life doesn’t always work out timely – and sometimes we don’t even know that a probate case has been open or maybe we don’t realize right away that the will needs to be contested. Whatever the reason, once a probate case is closed, California allows an objection to be filed within 120 days from the day the probate case was opened.
For those wills that have never been sent to probate, there is no limit on the time in which you may contest it.
Obtaining Legal Representation
If you intend to contest a will, you will want to make sure you take the right steps at the right time. Also, you need to make sure that you truly do have the legal authority to contest, that you have a valid reason for doing so, as well as being able to offer proof.
Making the decision to contest a will and filing the paperwork is not that difficult. However, winning the contest is. Obtaining legal representation can help you gather the necessary evidence and take the proper steps necessary to successfully provide the court with the proof. It’s too great a task – with too much at stake – to do it alone.
Are you in search for a certified attorney to represent you?
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