What are Some Common Grounds for Probate Litigation, Will Contests & Estate Litigation?

Some common grounds for probate litigation and/or will contests in California are (1) lack of proper formalities, (2) lack of capacity of the testator, (3) undue influence, (4) fraud, (5) breach of fiduciary duties, and (6) the assertion of beneficiary rights. (1) Lack of Proper Formalities - The proper execution of a will requires that the will be signed by the testator and witnessed by two witnesses, who also sign the will. A will can be contested on the grounds that it was not properly drafted, signed, or witnessed in accordance with the California Probate Code. (2) Lack of Capacity - Under California law, a testator is required to have mental competency to make a will and to understand the nature of his or her assets and the people to whom the assets are going to be distributed. A will can be declared void if lack of capacity can be proven. (3) Undue Influence - Undue influence occurs when the testator is compelled or coerced to execute a will as a result of improper pressure exerted on him or her, by a fiduciary. The fiduciary is typically a relative, friend, trusted advisor, or care giver. (5) Breach of Fiduciary Duty and (6) Beneficiary Rights - The personal representative of an estate owes the beneficiaries of the estate certain fiduciary duties of prudence, honesty, and loyalty. When those duties are violated by a personal representative, a bequest may be put in jeopardy. The California Courts have legal and equitable remedies available for intended beneficiaries under these circumstances. If you have any additional questions or have an estate litigation issue, please feel free to contact an attorney in our Orange county office located in Newport Beach. A lawyer in our office would be happy to assist you with your estate ltigation matter.