The death of a loved one is an emotional and overwhelming experience, and when the passing is sudden, the grieving process can feel even more complex. In addition to the emotional toll, there may be legal issues that arise, particularly when it comes to the deceased’s estate.

One of the most challenging aspects of estate disputes is contesting a will, especially if the death was unexpected and the will doesn’t reflect the deceased person’s true intentions. If you are facing a situation where you believe a will should be contested, it’s important to understand the legal grounds and steps involved in this process — a Los Angeles estate litigation attorney will fight for your rightful inheritance.

Funeral

What Does It Mean to Contest a Will?

Contesting a will means that you are legally challenging the validity of the will, often based on concerns over its authenticity or the process behind its creation. This can be a complex legal issue, and the court will examine the evidence provided to determine if the will meets the necessary legal requirements to be upheld.

In cases where a sudden death occurs, contesting a will may stem from issues such as the deceased’s capacity to make decisions, undue influence, or the presence of a more recent will that may have been overlooked. If you are considering contesting a will following a sudden death, it’s important to act quickly and consult with an experienced attorney who specializes in estate law.

Common Grounds for Contesting a Will

Several legal grounds exist under which a will can be contested, including:

  1. Lack of Testamentary Capacity
    For a will to be valid, the person making the will (the testator) must be of sound mind. If the deceased was incapacitated, mentally impaired, or unable to understand the nature of their actions when drafting the will, it may be grounds for contesting the will. In cases of sudden death, the concern often arises if there is a question about the deceased’s mental state at the time the will was signed.

  2. Undue Influence
    If the deceased was manipulated or coerced into creating or changing their will, it may be considered invalid. Undue influence often involves a person exerting pressure on the testator, causing them to make decisions they wouldn’t have made otherwise. This can be a common issue in the wake of sudden deaths when family dynamics are strained or when there are accusations of certain individuals exerting control over the deceased.

  3. Fraud or Forgery
    A will may be contested if there is reason to believe that it was forged or created fraudulently. For example, if there is evidence that the will was altered or that the deceased’s signature was forged, this could be a valid basis for contesting the will.

  4. Improper Execution of the Will
    State laws require certain formalities to be followed for a will to be valid, such as having the will signed by witnesses. If these formalities were not met at the time the will was executed, it might not be legally enforceable.

  5. Revocation of the Will
    If there is evidence that the deceased created a new will or verbally revoked the will prior to their death, it may be possible to contest the existing will. This is often the case if a more recent will was drafted, but the original one remained on file, leading to confusion regarding the deceased’s true intentions.

Steps to Take When Contesting a Will After a Sudden Death

  1. Review the Will
    The first step in contesting a will is to carefully review it. Look for inconsistencies, unusual clauses, or terms that don’t match the deceased’s known wishes. It’s also important to compare the will to any other documents, such as previous wills or trusts, which may clarify the testator’s intentions.

  2. Consult an Estate Litigation Attorney
    Will contests are complex legal matters that require a strong understanding of estate law. To navigate the process successfully, it’s essential to consult an experienced estate litigation attorney. They can assess the merits of your case, help you gather evidence, and advise you on the best course of action.

  3. Gather Evidence
    To contest a will, you’ll need to present solid evidence. This might include medical records that show the testator lacked capacity when the will was signed, testimony from witnesses who can attest to the testator’s mental state, or evidence that shows undue influence was exerted. It’s also important to track down any previous wills or legal documents that may provide insight into the deceased’s intentions.

  4. File a Will Contest in Probate Court
    A will contest is typically filed in probate court, where the validity of the will is challenged. The court will hear the case and make a determination regarding the validity of the will in question. This process may involve a lengthy legal battle, especially if the estate is large or if the contest is based on complex issues such as undue influence or fraud.

  5. Prepare for Mediation or Litigation
    In many cases, the parties involved in a will contest will attempt to resolve the dispute through mediation before proceeding to a formal trial. Mediation is often less costly and time-consuming than litigation, but if an agreement cannot be reached, the case may go to court for a judge to make the final decision.

Potential Consequences of Contesting a Will

Contesting a will can be an emotionally taxing and expensive process. If you are successful in contesting the will, the estate may be distributed according to the terms of the prior will, or the deceased’s estate may be divided according to state law if there is no valid will. However, if you are unsuccessful, the court may award costs and attorney fees to the prevailing party, and you may lose your right to inherit under the contested will.

Fight For The Inheritance You Deserve

Contesting a will following a sudden death is a serious decision and should not be taken lightly. If you believe the will is invalid due to issues such as lack of testamentary capacity, undue influence, or fraud, it’s essential to seek legal counsel as soon as possible.

An attorney can guide you through the complex process, help you gather the necessary evidence, and advocate for your interests in court. While contesting a will can be difficult, understanding your legal options and taking the right steps can help ensure that the deceased’s true wishes are honored.