Challenging the validity of a will is one of the more complex aspects of probate litigation. When family members think the decedent wasn’t in their right mind or was manipulated, they might challenge the document in court. These cases require hard evidence, and probate litigation attorneys play a crucial role in gathering and presenting it.
Testator Lacking Capacity
One of the most common reasons for contesting a will is lack of testamentary capacity. This means that at the time the will was created, the testator may not have fully understood the nature of their decisions due to illness, old age, or mental impairment. Medical records and testimony from people close to the decedent can make or break these claims.
Undue Influence
Undue influence can happen when someone close to the decedent, like a caretaker or a relative, pressures them into changing their will. Contesting this requires proving that the decedent’s free will was overpowered, and that’s no small task.
Fraud Or Forgery
Fraud and forgery are serious accusations. Whether it’s a forged signature or a suspicious codicil, proving fraud in court is challenging but not impossible. With solid evidence, probate attorneys can show the court that the document doesn’t represent the decedent’s wishes.
These disputes often escalate quickly as families struggle to prove their claims in court. Probate litigation attorneys are crucial in building a solid case, gathering evidence, and presenting it before the probate judge. In some instances, these cases may be settled through negotiations or mediation, but others require full litigation to resolve.
As you can see, challenging a will can quickly turn into a full-blown legal battle. Next, learn about how probate attorneys help safeguard your inheritance.
San Diego Probate Attorneys
12626 High Bluff Dr Suite 440,
San Diego, CA 92130
(858) 333-8844
https://www.SanDiegoProbateAttorney.com/
