THE ATTORNEY'S CORNER: CONTESTING A WILL

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“Articles Concerning Trusts, Wills, Probate, Family Law & more”

By: Stephen C. Ross, Esq.

November 29, 2014 (San Diego County) – A "will contest" challenges the validity of a document alleged to be decedent's last will or a codicil to the will. A "contest" may occur either before or after the will is admitted to probate. In the first instance, the challenge is an attempt to preclude admission of the will to probate. In the latter instance, the challenge seeks to revoke probate of the will.

A prospective contestant must have "standing" to contest the will. Generally, any "interested person" may contest a will. The California Probate Code defines "interested person" to include decedent's spouse or registered domestic partner, children, heirs, testate beneficiaries, creditors and any other person having a property right in or claim against a trust or estate that may be affected by the probate proceeding. Whether a person is "interested" is determined on a case-by-case basis and depends upon the "particular purpose" of the proceeding and the "particular matter" involved.

In two instances, a person otherwise "interested" may not file a will contest after the will is admitted to probate. First, a person who was a party to a will contest before probate may not file a petition to revoke probate. Second, a person with notice of a pre-probated contest in time to have joined that action may not file a petition to revoke probate.

Stephen represents estate planning, trust, will, probate, trust administration, business formation, stepparent adoption and family law matters. He conducts estate planning and probate seminars throughout San Diego County. For more information or to schedule a seminar contact Stephen at (619) 795-8524, stephen@stephenrosslaw.com or visit www.stephenrosslaw.com.

Disclaimer: Information contained in this article is believed to be accurate. However, you should seek professional legal advice before relying on the information. Stephen is not licensed to practice law in any state other than California and “The Attorney’s Corner” is not intended as an advertisement.

Visiting Stephen’s website does not create an attorney-client relationship and confidential information is not protected until a written agreement is signed.


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