Probate Litigation

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 (the one who made the will) lacked mental capacity, e.g., she was senile 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.

Depending upon the circumstances the court may disallow part of the will, throw out the entire will of the decedent (distributing the property as if the person died without a will), or use the most recent previous will.

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Our attorneys, K. J. Petsas and Mike Stephens, provide legal services in the areas of criminal defense (including DUI, theft and assault), juvenile law, personal injury (including auto accidents, premises liability and molestation), family law (including divorce, alimony and child support), real estate and more. We assist those who live throughout the San Francisco Bay Area, including Atherton, Belmont, Brisbane, Burlingame, Castro Valley, Daly City, El Granada, Foster City, Fremont, Half Moon Bay, Hayward, Hillsborough, Marin, Martinez, Menlo Park, Millbrae, Moss Beach, Pacifica, Palo Alto, Portola Valley, Redwood City, San Francisco, San Bruno, San Carlos, San Rafael, Santa Clara, Santa Rosa, Sonoma, Stanford and Woodside.