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Steve Bliss Law San Diego Estate Planning Attorney Probate Attorney

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Map:

Address: 3914 Murphy Canyon Rd a202, San Diego, CA 92123
Phone: (858) 278-2800

Avoiding a Will Contest

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Testators, individuals creating the will, can take actions to prevent a will contest. This consists of having a legal representative draft the will to ensure that all legal rules are followed. A lawyer can also have witnesses complete self-proving affidavits to prevent the requirement to have witnesses affirm in court about the testator’s appearance of being of sound mind. These actions can help decrease the possibility that a will contest will be effective, even wills that are completely prepared can still be objected to. However, the individual producing the will object to has the problem of evidence of establishing that the will is not a valid will.

Standing

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State law identifies which parties can contest a will. Normally the individuals named in the will, the beneficiaries, and the individuals who would stand to fundamental missing a will, the beneficiaries, can contest a will.

Premises to Object To a Will

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There are a number of premises that a person can use to contest a will. Some typical factors to contest a will include:

Formalities Were Not Followed

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In order for a will to be declared legitimate, the testator should have followed the rules that are defined by state law. This generally includes the testator making a statement that the will was what was being signed, two witnesses existing and witnessing the finalizing of the will and valid signatures by the testator and the witnesses being consisted of on the will. If the rules were not followed, the will might not be accepted by the court as a legitimate will.

Absence of Capability

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Additionally, the testator must be of sound mind when she or he produces the will. The court is not interested in whether the testator later on developed a condition that immobilized him or her. The question is whether the testator was of sound mind when he or she signed the will. If the testator did not have the capacity to create a will, the will is not valid.

Excessive Impact

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Another ground to contest a will is if the testator was unduly influenced. Excessive influence takes place when an individual exerts an unreasonable quantity of influence over the testator by threatening him or her, separating him or her from the remainder of the family or depriving him or her of required resources in an effort to get the testator to sign a will that benefits the individual who is unduly influencing the testator.

Scams

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Fraud arises when somebody gets the testator to sign a file that he or she does not understand is a will and the testator had no sensible chance to confirm this information.

No Contest Arrangements

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Some wills include a “no contest” arrangement that mentions that if a person brings forth an action to object to the will, he or she will lose whatever inheritance that she or he was entitled to. Some states do not honor such arrangements if the individual bringing the contest has valid grounds to do so.

Will Object To Treatments

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After an individual brings forth a claim versus the will, the court will rule whether the procedural grounds have actually been fulfilled. The will contest becomes part of a litigated aspect of the probate procedure. The court should settle this concern before other elements of the probate process can be finished since the choice on whether the will sent to the probate court is valid will affect these other aspects.

Legal Assistance

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Individuals might pick to maintain the services of a lawyer if they are worried about a will contest. Estate planning attorneys can assist customers in drafting wills and consisting of arrangements that will make a will object to more tough to prevail on. Probate lawyers can be kept by member of the family or the estate to battle or safeguard a will object to.