While most estates are settled without issue, will contests do occasionally occur. Some common reasons we see include:
- Lack of testamentary capacity.
- Undue influence.
- Improper execution of the will.
- Fraud or forgery.
While there are no guarantees, the following steps can help reduce the likelihood of a will contest:
- Work with an experienced estate planning attorney: An attorney knowledgeable about California law can ensure that your will is properly drafted and executed.
- Document the will holder’s mental capacity: If there are concerns about capacity, having medical documentation that points to a sound mind can be helpful.
- Communicate openly with family: Having honest conversations with loved ones about your estate plan can help minimize misunderstandings and hurt feelings.
A seasoned probate attorney from Barr & Douds can tell you more about how to avoid the trouble of a contested will.