Written by When it comes to managing the estate of a deceased loved one, the will is supposed to be the guiding document. It details how to distribute the decedent’s assets and to whom. However, there are situations where a will might not accurately represent their genuine desires and lead to a will contest.
What Is A Will Contest?
A will contest is a legal proceeding in which the beneficiaries can raise objections to the validity of a will. They can argue that the document or specific provisions are suspicious or were created under questionable circumstances. In other cases, the dispute may focus on interpreting the will’s terms, prompting beneficiaries to seek a judicial ruling.
Who Can Contest A Will?
In California, only “interested parties” can challenge a will, generally those who stand to gain or lose financially from its outcome.
Beneficiaries: Individuals or organizations named in the will who will receive specific assets or portions of the estate.
Heirs-At-law: Those who inherit according to California’s intestacy laws if the will is invalid.
Creditors: These are people or entities that may contest a will if it impacts their ability to collect debts the deceased owed.
It’s noteworthy that simply being unhappy with the terms of the will is not sufficient grounds for a contest. You must have a legitimate legal basis for your claim.
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