Will Contests

A testator (the person who drafts a will) must have sufficient mental capacity. They must understand the nature of the testamentary act (that they are drafting a will), be aware of the nature of their assets and know their relations to the beneficiaries and those who...

Imagine you’re a will beneficiary, but you believe the document doesn’t reflect the true intentions of the decedent. You believe they intended to leave you more assets. You decide to challenge the will, but it includes a no-contest clause. What does this mean for your...

Contesting a will in California isn’t as simple as saying, “I don’t like what’s in it.” There are strict rules involved, deadlines you must observe and legal hurdles to navigate. Whether you were unexpectedly left out or you suspect someone pressured your loved one...

Before you contest a will, it helps to understand the risks involved, including the possibility of being disinherited. Losing your inheritance can be a harsh reality, and understanding how this could happen can help you decide if contesting the will is worth it....

When a person writes out their will, they assume that it will be followed precisely. While that’s exactly what happens in most cases, there are times when a will may be challenged or contested.  Challenging a will is a complex process, partly because of the legal side...

A no-contest clause in a will means that if a beneficiary contests the will and loses, they will forfeit a part of or all of the inheritance they were otherwise entitled to receive. No-contest clauses are enforceable in California, and anyone can include them in their...

Wills are a popular way of expressing one's final wishes and ensuring their orderly distribution of assets after death. Yet, wills may be contested if there are concerns about their validity, causing disputes among beneficiaries and/or heirs and potentially leading to...

Undue influence occurs when someone exerts pressure on the testator (the person making the will) to the extent that it overcomes the testator’s free will and choices, causing them to make decisions they would not have otherwise made. If you believe your loved one's...

When you create an estate plan in California, you'll list a primary beneficiary as the person who will inherit your assets. Naming them as the primary beneficiary in your will ensures they are the legal recipient. You can also name a secondary beneficiary when estate...

If you believe you should have been mentioned in a will by someone in California who has died, consider contesting the will. While you must act within 120 days, ponder if you want the emotional conflict that contesting a will causes against the value of the assets a...