It goes without saying that everything that pertains to will contesting is costly and time-consuming. As a matter of fact, seasoned attorneys working in probate fields, or estate planning often compare the proceedings with that of spiteful divorces. This is because; this involves everything from stubborn, irrational, annoying family members to vindictive anti-parties. That being said, you might want to have a check on the different aspects of will contests.
The Need of Standing
Before you contest for a will, it is essential for you to know the real meaning of standing. Standing directly affects the proceedings of a probate. Case in point, a daughter might feel that her father was suffering from dementia while signing a will that deprives her from inheritance. In that case, she will have standing while contesting a bill. Walnut Creek Barr & Young Attorneys mention that state laws have a steady influence on the people who have standing to start a will contest. And the laws in the USA vary from one state to the other. There are seasoned attorneys who are adept in handling this particular area of trust litigation and will. So whenever it comes to contesting a will, make sure that your consult your attorney first.
Why and Who?
A number of scenarios crop up from a trust or will contest. Decisions like who will get what and similar decisions, often pose a real challenge for both contesting parties. The contenders can question the deceased person’s mental capability of making decisions. Again, family members and close relatives can also suspect of manipulations in the actual will, or they might even allege forgery. Such challenges are especially posed by heirs and probable beneficiaries, who wishes to invalidate any existing will.
There are some more legal aspects for a Will contest. They include complains of undue influence, misinterpretation of will, mistakes, inappropriately witness, drawn or implemented documents, and the list can go on.
As per the probations of the California Probate Code, anyone ‘interested’ can challenge a will. And who can be an ‘interested’ party? Anyone having a financial concern in the will can be called an interested party. However, as per the provisions of the Probate Code, any challenge regarding the validity of Will should be made within a particular time. To escape the legal intricacies regarding the challenge and support pertaining to will, make sure that you resort to a practicing attorney.
What Can The Court Do For You?
The US Probate Court has got the power and right to determine the validity of a will. In case the Will concerned is found to be unacceptable, then the court has the right to invalidate the whole Will. Doing so, it will distribute the properties as per the laws of intestacy. Otherwise, the Court can simply annul the challenged sections of the concerned will. Your Walnut Creek Barr & Young Attorneys have the necessary knowledge and experience to manage any complications regarding any will contests. So when it comes to any question regarding the law of inheritance, never think twice to talk to your professional.