Sacramento Will Contest Lawyer

A will is considered by the court to be the final wishes of the testator — the person who drafted the will. You may seek to have a will voided in its entirety or in part, and the burden of proof is on the contesting party.

In order to contest a will, you must have standing. That is, you must be able to show that you have a financial stake in the outcome. A person who is named in the will, who was named in an earlier will or who would have benefited had the client died intestate (without a will) has standing in that will.

Having a knowledgeable and highly regarded probate attorney in your corner is essential to successfully challenging a will. The Sacramento will contest lawyers at Hackard Law, A Professional Law Corporation, represent individuals in will and trust litigation.

Reasons For Contesting A Will Or Trust

Individuals with significant financial holdings who are in frail mental condition are vulnerable targets for someone who wishes to gain an advantage as a benefactor. There are a number of reasons for challenging a will’s validity. The most common are:

• Lack of testamentary capacity — The argument here is that the testator did not have the mental capacity to understand the consequences of his or her decisions at the time a will or trust was drafted or amended. This may be due to senility, dementia or the influence of medication.
• Fraud — Any portion of a will may be voided if it can be shown that a beneficiary made a false statement in order to convince the testator to write the will or amend the will based on the false statement.
• Undue influence — Involves any intentional pressure placed on a testator to draft or change a will or trust in order to favor the person who applies the pressure.
• Mistakes — Minor mistakes such as misspellings are not sufficient to void a will or trust. One example of a mistake that may warrant voiding a will is the lack of the testator’s signature or the required signatures of two disinterested witnesses (unless the will is “holographic” or handwritten).
• Fiduciary mismanagement — Trustees must act in the best interests of the beneficiaries. If a trustee fails to adhere to the responsibilities of the role, he or she may be held personally liable.

If you suspect a forged or manipulated will, our California Inheritance Theft Guide outlines key warning signs and legal remedies.

It Is Important To Act Quickly

California laws limit the amount of time a person has to contest a will. It is best to file a petition to contest a will before the probate hearing. However, it is possible to contest a will after a hearing in which the court accepted the will as a valid document. You must do so within 120 days of that hearing date.

Our experienced probate lawyers are available to answer your questions regarding will and trust contests during a free consultation. We will provide a candid assessment of your case and recommend the best course of action. Contact us to schedule a meeting with a Sacramento will contest lawyer today.