Law Offices of Connie Yi, PC - estate planning
Tell Us About Your Case

For the safety of our community, clients and staff, we have suspended all in-person meeting effective March 17, 2020. All consultation meetings will be via Phone or Zoom Video Conferencing. Please contact us at 925-484-0888 or email us directly at [email protected] to schedule the consultation.

Bay Area Estate And Tax Planning Law Firm
Estate Planning
Trust Administration and probate

Do you have the right to challenge a will?

| May 3, 2017 | Uncategorized |

Challenging a will can be a very difficult and complicated process. In addition, it is not something everyone can do. Imagine that you are engaged in a disagreement over how to handle a relative’s estate. Can you legitimately challenge the will? Can the other person? Before challenging a will, it is important to understand basic probate laws that dictate who can and cannot lodge a legal challenge.

Due to the complexities of the probate court, it is important to seek legal advice before challenging a decedent’s estate. An experienced attorney in the Pleasanton area can help you take the necessary steps to challenge a will in court. Read further for more information on the people that can challenge a will.

Interested persons

Probate laws limit challenges to “interested persons.” This means that only those with an interest in the will, such as heirs, offspring, spouses or anyone else that has a legal claim to or against the estate, is allowed to challenge a will. Furthermore, these people can only challenge a will for legitimate legal purposes. In order to launch a challenge, the individual must have standing. In other words, the person must be someone named in the will or someone that would inherit a portion of the estate if the court declares the will invalid.

Beneficiaries and heirs

Beneficiaries are those people named in a will that may or may not be relatives. While beneficiaries can include spouses, children, and other relatives, it can also include non-relatives such as charities or churches.

Heirs, which are normally named in a will, include individuals that would stand to inherit property if the decedent passed away without a valid will. Heirs can challenge a will if they are left out of it or if the estate is divided in a grossly uneven way.

Clauses

Some people include a “no contest” clause in their wills. The clause usually has a negative effect on someone that attempts to challenge the will. For example, if you include a “no contest” clause in your will and one of your children contests it after your passing, that particular beneficiary might be immediately disinherited. However, the courts typically do not enforce these clauses, therefore even if one exists, someone might still be able to successfully submit a challenge.

If you are considering challenging a will, it is important to understand the probate laws in California.

Source: Nov. 30, -0001

Archives

FindLaw Network

Recent Blog Post

Is estate planning necessary for young people?

Misconceptions exist about the relationship between age and estate planning. Yes, older people may prioritize estate planning for reasons related to advancing age and health concerns. That does not mean only older California residents benefit from the process. Young...

What are the responsibilities of a fiduciary?

Residents of California may want to learn more about the role of the fiduciary and their responsibilities. Because fiduciary duty may be a requirement among certain professions, clients and professionals should know more about what this is. The meaning of fiduciary...

5 factors to consider when choosing a guardian

For parents, one of the biggest reasons they decide to create an estate plan is to ensure their child will be cared for no matter what. It isn’t easy to think about a tragedy where a child may lose both their parents before they turn 18, but parents have to plan for...

View More Blog Posts