Will Contest

What Does It Mean To Contest A Will In Irvine, CA?

Contesting a Will means disputing the validity of a Last Will and Testament left by a testator (person who wrote the Will). If you believe a Will is invalid and should be overturned, you can contest it in Irvine, CA and Riverside County under specific circumstances.

Who Can Contest A Will In Irvine, CA?

In Irvine, CA, three main categories of people who have the right to dispute a Will:

• Heirs/Relatives: The testator’s legal heirs (i.e., closest living next-of-kin, be it a spouse, a child, a parent, a sibling, or a different relative)
• Beneficiaries: Beneficiaries listed in the current will or of any previous versions of the will
• Creditors: People that the testator owed money to, in certain cases.

What Are The Potential Reasons For Contesting A Will?

In order to contest a Will, you must state a reason or multiple reasons why you believe the Will is not valid and should be voided. In Irvine, CA and in greater Riverside County, each of these reasons have certain elements or aspects that must be proven for the argument to be considered. Some of the most commonly used reasons are:

• Incapacity: Alleging that the testator did not have the capacity to make decisions for themselves and/or understand what they were doing when they created or signed the latest draft of the Will. To prove this claim, you must prove that the testator was suffering from an illness or some other condition (i.e., dementia and other neurodegenerative conditions, certain types of mental illness or cognitive disability) that caused them not to understand:

• • The nature of the Will (and that it was their Will)
  • The extent of their wealth
  • The people to whom the Will is gifting their assets (i.e., who the beneficiaries are)
• Undue Influence or Coercion: Alleging that the testator did not create or sign the latest draft of the Will of their own volition, but was coerced to do so by someone who was taking advantage of them. This claim is often used alongside an incapacity claim, because incapacity increases a person’s vulnerability to coercion, but a testator does not have to be incapacitated to be subject to undue influence. To prove this claim, you must prove that the testator was manipulated or coerced into signing assets over to the alleged coercer, who had gained and misused their trust, and that the testator would not have otherwise signed the Will.
• Trust Fraud/Will Forgery: Alleging that the Will is forged or doctored and is not in fact the same Will that the testator created and/or signed—whether it was invented whole cloth, or forged amendments were added after the testator signed their intended Will. This is less common than the other claims, and may require the use of an expert witness, such as a handwriting analyst.
• Violating Provisions: Alleging that the Will was not created in adherence to proper legal protocols and is therefore invalid. This reasoning encompasses several of the other reasons why a Will may be invalidated. In order for a will to be valid in Irvine, California and the rest of Riverside County, CA:

• • The testator must have been 18 years old or older and not incapacitated
  • The Will must be signed by two disinterested witnesses (i.e., witnesses not mentioned in the will).
  • The will must be typed and printed, unless it is a “holographic will” (i.e., a will written 100% in the handwriting of the decedent).

If you are considering contesting a Will, it is imperative to contact an experienced attorney with extensive experience handling will contest cases, as well as thorough knowledge of estate and probate law. In Irvine, CA, the best lawyer to call for your Will contest case is Attorney Taylor Preston. Attorney Preston and his associates at the Preston Law Group are ready to help. Reach out for a free consultation on your case today.