Who can challenge a will?
When a San Diego area resident passes away and has a will most assume that their wishes will be honored, and the estate will be settled as the deceased wanted. But there are circumstances that arise in which this is not the case. Sometimes a California will is challenged, which can be a stressful time for a family. Below Eve Mazzarella explains who can challenge a will in California.
California law is specific on who can challenge a will. In order to challenge a will in California, the interested party must have standing. In addition, they will need grounds in order to challenge the will.
Who has standing?
In order for a person to contest a will in California they must have legal standing. This is a term used by the court to identify any person who has financial interest in the estate. In general these include people who would be beneficiaries to the estate if there wasn’t a will and those who were named in a prior will.
Grounds for will contest
A person needs to have grounds in order to challenge a will. This means that the person who is challenging the estate needs to have a reason to do so. There are many reasons a person can use including mental capacity, undue influence, not signed property or there was fraud involved.
A legal professional who is skilled in probate litigation can help their client with any probate matter. They understand that probate can be complicated in California and there are many obstacles that can arise during the probate process. An attorney has the skills and knowledge necessary to help a family through the process as quickly as possible, making sure all legal interests are protected.