A Will is a written instrument containing directions on how the assets and property of the testator (individual creating the Will) shall be divided upon his or her death. Wills can also contain instructions regarding the care of minor children, gifts to charity and formation of posthumous trusts. In order for a Will to be legally valid, the testator must sign the Will in the presence of two witnesses and he or she must be mentally competent and not acting under duress or under the controlling influence of another.

A Will Contest is a type of litigation that challenges the admission of a Will to probate. Issues that are likely to spur the contesting of a Will include:

• The testator lacked mental capacity, i.e. was senile, delusional or of unsound mind at the time the documents were created;
• The testator was subjected to fraud, coercion or undue influence during its creation and implementation;
• There are ambiguities in the document or
• The Will is a forgery or does not conform to legal requirements as to the number and nature of the witnesses.

If the Will is thrown out, the court, depending on state law and the specific facts and circumstances may disallow only the part of the Will that was challenged; throw out the entire Will, distributing the property as if the person died without a Will or use the last previous Will.

If you or someone you know in Southern California needs the assistance of an experienced Los Angeles Will Attorney, call Mansell & Mansell today at (323) 939-4455, 24/7, or use the contact form provided on this site to schedule your free consultation.