Welcome to The Law Offices Of Neil J. Cacali

Address: 300 Spectrum Center Drive Suite 1550 Irvine, CA 92618

Could someone contest your will?

f someone is unhappy with the contents of your will, they may try to challenge it. Even if they do not proceed with a will contest, it can create considerable family problems which may last for decades.

If they do file the challenge, it will delay the distribution of your estate, which could be harmful to those who need the assets you leave them quickly.

Here are some of the ways you can reduce the chance anyone contests your will when you die:

Follow the appropriate state signing procedures:

If updating your will, make it clear the old versions no longer hold

The latest will is the one the court will go by. Yet, if it is drastically different from previous versions, people may suspect foul play. Adding some words to say that you definitely meant to make the changes may help.

Tell people your wishes

If you explain your decisions to those they will affect, it gives them time to ask any questions they might have and for any difficult facts to sink in. If they only find out when you are already dead, their only means of questioning things is via the courts.

Add a no-contest clause

People can sometimes still challenge a will with one of these, but they are often enough to put people off.

Get it done properly

If you forget to sign it or have it witnessed, they can claim it is invalid. Getting legal help to ensure your will complies with California requirements removes what might be an easy way for someone to challenge it.