Grounds To Contest A California Trust Or Will
Welcome to Morrill Law, your trusted legal partner in Walnut Creek, California.
With extensive estate litigation experience, Morrill Law offers a personal touch to meet your needs with professionalism and care. If dealing with a contentious trust or suspicious will, our lawyers offer knowledgeable guidance.
FAQ: California Will And Trust Contest Grounds
It is natural to have concerns about estate bequests that seem questionable. The answers to these common questions can offer guidance during an emotional time.
Is lack of testamentary capacity grounds for a challenge?
Yes, this is a valid ground for contesting a will, as the testator must have been of sound mind when creating the document. Signs include confusion about assets, family members or the nature of the document. California uses a specific legal standard to determine capacity in estate planning.
What is undue influence, and is it a reason for estate challenges?
Undue influence occurs when someone exerts excessive pressure on the testator to change their will or trust. Red flags include sudden changes to estate plans, and isolation of the testator or beneficiaries involved in document preparation. California law presumes undue influence in certain situations, making it an important consideration in estate challenges.
Can a will or trust be contested due to forgery or fraud?
Yes, forgery and fraud concerns can trigger a will or trust challenge, as it involves deception used to alter documents or falsify signatures. For instance, misrepresenting the nature of the documents a testator signs may be a fraud. Clear and convincing evidence is needed to prove fraud.
Can you challenge a trust or will due to improper execution?
Yes, improper execution can invalidate estate documents. California law has specific formalities for executing these documents. Common execution errors include a lack of witnesses during creation and improper signatures. These technical mistakes can lead to the document being contested.
What is revocation, and is it grounds for a contest?
Revocation occurs when a newer will or trust supersedes an older one. Methods of legal revocation in California include physical destruction of the document or creating a new one that explicitly revokes the previous version. Disputes often arise from having multiple versions of estate documents.
Call For Additional Guidance
If you have more questions or need personalized advice, call our Walnut Creek estate litigation attorneys at 925-255-0633 or fill out our online contact form. We can speak to your specific concerns and offer viable solutions.