Contested Wills in Calexico, California
In Calexico, California, there is a procedure through which a person can challenge the validity of a will. This is recognized as a "contested will" or "will contest."
There are several reasons why a person might want to contest a will made by a close family member. Sometimes, people will decide to leave money or property to charity, or to other entities who are not closely related. If their family members weren't expecting this, they might assume that something went wrong with the drafting of the will.
If the decedent was fairly well-off, their will might involve a great deal of money or property. This is one of the basic reasons, besides a general sense of exclusion, that a family member might expend the great deal of time and money necessary to contest a will.
However, this is a matter that should not be approached lightly - will contests can commonly foster strife and infighting within families who are already mourning the loss of a loved one. This can permanently damage or alter family relationships.
When Can a Will be Contested in Calexico, California?
A court in Calexico, California will not entertain a will contest unless there is a very good reason to do so. However, there are some allegations which, if proven, clearly invalidate a will.
For example, a will obtained through duress (a threat of harm, normally physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. However, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not enough to prove duress.
Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or severely intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be proven.
There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Calexico, California, and held to be invalid, this normally results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.
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Can a Calexico, California Contested Will Attorney Help?
Contesting a will is often hard, and never fun. However, the whole process can be made more bearable if you have the help of a reliable Calexico, California attorney, and the process will probably be much more manageable.