Written by Several legal grounds can form the basis for a will contest. One common reason is the lack of testamentary capacity, where the person making the will (testator) was mentally incompetent when creating it. It can occur due to conditions like dementia, mental illness, or intoxication at the time the will was signed.
Another significant ground is undue influence, where someone pressures or manipulates the testator to alter the will in their favor. This is often at the expense of others who would otherwise inherit. A will contest can also occur if it fails to follow legal formalities, such as not being correctly witnessed or signed according to California law.
Additionally, fraud and forgery are serious allegations that can invalidate the legal document. Fraud involves deceiving the testator into signing a document they don’t fully understand, which could be inconsistent with their intentions. Meanwhile, forgery creates or alters a will without the testator’s knowledge.
The starting point is understanding why you might contest a will in probate court. Building a solid case requires carefully evaluating several factors, making it a decision that should not be taken lightly.
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