What are Will Contests?
Simply put, will contests are attempts to distribute or administer an estate differently from the will by contesting the validity of the will. The grounds to contest a will are:
Can I Contest the Will?
To have standing to contest the will the first requirement is that you are an heir, devisee, child, spouse, creditor beneficiary or a person having a property right or claim against the estate of the deceased. The second requirement is that you have a monetary interest that may be affected by the proceeding.
The only other requirement is to have a basis for contesting the will. Scenarios such as where a will was not signed or notarized according to the law, the will’s language does not show the intent to transfer property, the deceased was not mentally competent, someone influenced the deceased improperly, someone lied to the deceased in relation to the will, someone restricted the movement of the deceased, and finally where the deceased revoked the will.
Generally, the factual scenarios where a will contest will be needed is with the latter grounds or scenarios. This is because the construction of a will must show both that it was properly executed and the intent to transfer property. If either of these are not present, then the will is invalid and cannot be admitted to probate as a will.
If you have any suspicion at all about whether you might have claim to contest the will I am here to help. Generally, you will have an inkling or suspicion that something is not right with the will. I can help sort out the legal claims you may have based on the facts of your case. Please do not hesitate to contact me at (310) 598-7191 or firstname.lastname@example.org and I will work with you to pursue any claim you may have.