Contested Wills in Fairfax, California

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In Fairfax, California, there is a process through which a person can challenge the validity of a will. This is known as a "contested will" or "will contest."

There are various 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 general 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.

As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and costlye. It also has the possibility to damage family relationships and foster strife among individuals who are already mourning the loss of a loved one.

When Can a Will be Contested in Fairfax, California?

Of course, a Fairfax, California court will not invalidate a will without a very good reason, but there are some situations which render a will clearly invalid.

For instance, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Thus, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

Another reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a legitimate will, the individual making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.

If a Fairfax, California will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Usually, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

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Can a Fairfax, California Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a reputable Fairfax, California attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.

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