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.
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.