Should You Contest a Will?

Should You Contest a Will?

Should You Contest a Will?

When a loved one passes away, you might have a good idea of how they chose to distribute their property in a will. In rare situations, however, the will is read, and certain beneficiaries are shocked at the choices of their loved one. Perhaps most of the estate went to an unexpected individual, or they disinherited someone who was close to them. In this case, you might think about bringing a will contest in court.

Will contests are complex matters, and they are not appropriate if you are simply upset about the contents of a will. However, if you believe the will – or certain provisions – should be rendered invalid, you should speak with an estate planning litigation lawyer in Pleasanton right away.

Reasons for Will Contests

There are specific reasons why you can challenge the validity of a will, including:

  • Lack of testamentary capacity – If the testator (the deceased) did not have the mental capacity to understand the nature of his property and beneficiaries or the effect of making a will, they may have lacked the capacity needed for a valid will.
  • Undue influence – In some cases, one person will get close to the testator and convince them to leave most of the property to that individual, often to the detriment of other deserving beneficiaries.
  • Fraud – This occurs when the will is signed based on false information presented to the testator.

Will contests are particularly challenging since the court cannot speak with the testator to determine their state of mind and intentions.

Contact an Estate Planning Litigation Lawyer in Pleasanton

If you are thinking of challenging a will, you need an experienced Pleasanton estate planning litigation attorney on your side. Discuss a possible case with Randick, O’dea & Tooliatos, LLP, by contacting us online or calling 925.460.3700.

925.460.3700