Will Contests

Family disagreements over the validity or provisions of a will following the death of a loved one inevitably involve emotional conflicts that can disrupt a family permanently. In addition, the economic consequences of will contests often are significant for one or more of the parties involved. Our White and Bright trust and estate litigation attorneys have the essential sensitivities and insight to assist clients with these difficult matters.

There are a number of nuances involved in contesting a will. Before a will can be contested, it must be admitted to probate. A judge then determines whether or not the will is valid. Finally, the court will set a hearing at which the will's authenticity will be determined. It is at this hearing that the parties have an opportunity to contest the will.

Will contests involve a range of claims. In California, a will can be invalidated because of:

  • failure to meet required formalities
  • lack of testamentary capacity
  • undue influence on the testator
  • fraud, coercion, or duress
  • revocation
  • mistake

In addition to the above claims for invalidating a will itself, will contests can involve claims that the will was not properly administered.

The attorneys at White and Bright represent clients who are initiating claims involving the validity of California wills as well as clients who are defending against such claims. Regardless of the circumstances, we represent our clients aggressively, and we give due consideration for the unique circumstances will contests present. Our goal is to represent our clients to the best of our ability, which means not only prevailing in court but preserving valuable family relationships and respecting the intricate dynamics of each family affected by a will contest.

We welcome you to contact us to learn more about our services in contesting a will.