Before contesting your loved one’s will, it helps to understand the legal complexities and emotional challenges involved. Contesting a will is not something to be taken lightly. It can strain family relationships and lead to lengthy court proceedings.
However, if you believe the will doesn’t reflect your loved one’s true intentions or there were legal issues in its creation, contesting it may be the right move to protect your inheritance. Here is what you need to know before taking this significant step.
You must have valid legal reasons
You can’t simply contest a will because you don’t like its terms. You must have valid legal grounds. These include:
- Lack of testamentary capacity by the owner of the will
- Undue influence
- Fraud or forgery
- Improper execution of the will
Remember, the burden of proof lies on you, which means you must present evidence supporting your claims.
Not everyone can contest a will
Only certain individuals or interested parties can challenge a will in California. Typically, this includes beneficiaries named in the will or those who would have inherited under California’s intestacy laws. In other words, you can only contest the will if you stand to gain something from it.
There are deadlines involved
You must adhere to legal timelines when contesting a will or risk losing the opportunity to do so. In California, you have 120 days after the will is submitted to probate court to lodge a contest. However, this deadline may be extended under certain circumstances.
Proper preparation is key
Contesting a will can be stressful — legally, financially and emotionally. As such, you need to be well prepared. Take the time to gather evidence and understand how the process works. Most important, do not overlook legal assistance. It can help build a solid case, protect your interests and significantly improve your chances of success.