How to Challenge a Will

To create a valid will in California, you need the following: testamentary capacity, words of testamentary intent, creator’s signature, date and the signatures of two disinterested witnesses. Heirs to an estate may have cause to challenge a will when any one of the following elements is not present or is incorrect.
Testamentary Capacity. To have testamentary capacity the creator of a will must be 18 years of age, understand that he or she is creating a will, what is in their estate and who is entitled to receive the estate. If a person is unclear as to what they own, where their bank accounts are held, or who his or her children are, they may not have the testamentary capacity to create a will.
Words of Testamentary Intent. It must be clear in a will that the creator of the will had donative intent. In other words, is the will meant to pass an estate to an heir or other individual or was it just a list of items owned by the person.
Two Independent Signatures. Wills are not notarized in California, wills are witnessed. A notary can be one of the independent witnesses to sign a will but there must be two witnesses to a will who are unrelated to the creator of the will. The witnesses should also not be beneficiaries of the will.
Wills can also be challenged when the creator of a will was under duress or undue influence when they signed the will or if some kind of fraud can be proved.
Duress or Undue Influence. If the creator of a will is forced or threatened by someone to leave their estate to that individual, then duress or undue influence may be present.
Fraud. If pages are inserted into a will after the creator of the will dies or if a page of a will is taken out of a will after someone dies, it could be considered fraud and may invalidate the will.
The best way to avoid a will contest is to have a lawyer prepare your will. An attorney who practices estate planning or probate law will make sure that all of the state requirements of a valid will are present to ensure that a will is not contested upon your passing.
If you would like help in preparing your will or trust, contact the attorneys at the Keller Law Firm. The Keller Law Firm is located at 28005 Smyth Drive in Valencia. For more information, please call 661-291-1631 and visit www.kellerlawfirm.com.