Will contests may arise due to a variety of different circumstances. Sometimes, family members believe that an individual lacked capacity at the time when they drafted or modified their will due to dementia or other pressing medical issues.
Other times, a contest brought on the basis of outdated documents or illegal will provisions could be possible. Undue influence is another potential reason for a will contest.
If an outside party coerced or manipulated the testator into changing their estate plan, that outside influence could provide the grounds for a will contest. In cases where a witness to the will signing is also a beneficiary, there may be reason to worry about undue influence.
There could be a conflict of interest
California does not outright prohibit the use of an interested witness when drafting a will. Instead, the state recognizes that interested witnesses could have exerted undue influence on the testator.
Concerned beneficiaries and family members who recognize that a person who signed a will as a witness is about to receive a significant bequest from the estate may have grounds to initiate a will contest. Elements including the interested witness’s access to the testator and the extent of their inheritance can influence the likelihood of the probate courts agreeing to set aside a potentially compromised will.
Reviewing concerns about the validity of a will with a skilled legal team can help family members and other beneficiaries pursue a will contest. If an outside party unfairly influences an estate plan, litigation may be the only way to address a potentially compromised will.