Contesting a will

By Barbara Craig | on 02/15/2018 | Posted in: Probate

Contesting a will is usually based on a person’s belief that the will in question is not authentic, or something improper happened when it was drafted and/or signed. In California, only interested parties may contest a will. The interested party may appear before the court and file an objection either orally or in written form.

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The court retains the discretion whether to hear and respond to the objection or to grant a continuance for the objector to file a written objection. When someone challenges a will, they must have valid grounds for the contest. The burden of proof rests with the challenger to provide legally valid evidence to justify a court of law setting the will aside. To learn more about the common reasons wills are contested and other important information about disputing a will, read my latest article, Contesting a Will: What You Need to Know.