Practice Area

Will Contests

San Jose Will Contest Attorney

When Wills Are Contested: Legal Support You Can Trust in California

Will contests are legal proceedings that challenge the validity of a will or its terms. This type of litigation often arises after a person’s death when the terms of their will are disputed by family members, heirs, or other interested parties. Will contests can involve a variety of legal issues, including:

  • Will Validity: Challenges to whether the will was properly executed or whether the decedent had the mental capacity to make the will.
  • Undue Influence: Claims that the decedent was coerced or manipulated into drafting a will under pressure or influence from someone else.
  • Fraud or Forgery: Allegations that the will was forged, falsified, or altered after the decedent’s death.
  • Ambiguity in the Will’s Language: Disputes over unclear or ambiguous language in the will that leads to differing interpretations of the decedent’s intentions.
  • Omitted Heirs or Beneficiaries: Claims that certain family members or potential heirs were mistakenly omitted from the will.
  • Disputes Over Asset Distribution: Disagreements between beneficiaries regarding the division of property and assets as outlined in the will.

Will Validity

Challenges to whether the will was properly executed or whether the decedent had the mental capacity to make the will.

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Undue Influence

 Claims that the decedent was coerced or manipulated into drafting a will under pressure or influence
from someone else.

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Fraud of Forgery

Allegations that the will was forged, falsified, or altered after the decedent’s death.

 
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Abiguity in the Will's Language

Disputes over unclear or ambiguous language in the will that leads to differing interpretations of the 
decedent’s intentions.

 
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Omitted Heirs or Beneficiaries

Claims that certain family members or potential heirs were mistakenly omitted from the will.

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Disputes Over Asset Distribution

Disagreements between beneficiaries regarding the division of property and assets as outlined in the will.

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Whether it’s a contested will, questions about its validity, or disagreements over asset distribution, will disputes can create significant emotional and financial strain for families and beneficiaries.

Our Ferguson Law attorneys in Morgan Hill and San Jose specialize in will dispute litigation and wills for estate planning issues throughout San Mateo, Santa Clara, and the state of California. Whether you are a beneficiary, heir, or executor, we will guide you through the legal complexities and help you achieve a fair and just resolution.

In California, several legal grounds exist for contesting the contents of a will. Some common reasons for challenging a will include:

Lack of Testamentary Capacity

If the decedent did not have the mental capacity to understand the nature and consequences of making a will at its execution, the will may be challenged. This is often relevant in cases involving dementia or other cognitive impairments.

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Undue Influence

If the decedent was coerced, manipulated, or pressured by another person into making a will, a challenge for undue influence may be filed. This is particularly common in situations involving vulnerable individuals.
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Fraud or Forgery

A will may be contested on the grounds it was forged or its contents were altered fraudulently after the decedent’s death. Proving fraud often requires expert testimony and detailed forensic analysis.

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Improper Execution

For a will to be valid in California, it must be signed by the decedent and witnessed by at least two people. If these requirements were not met, the will may be invalid.

 

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Revocation or Subsquent Wills

 If a decedent created a new will or otherwise revoked a prior will, but this wasn’t properly documented, the last valid will could be contested.

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We provide aggressive, effective representation for clients involved in will disputes and estate planning litigation.

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For additional information about Ferguson Law Group’s Will Contests services,
please contact: 408-296-3700

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