Contested Wills

legal dispute brought against the validity or legality of a Will
Contact Us Today

Contested Wills Attorney In San Diego, California

Understanding the Process of Contesting a Will

Contesting a Will can be a complex and emotionally charged process. In San Diego, California, interested parties can challenge a Will if they believe that the Will was not executed properly or if there are concerns about the testator's mental capacity. However, before filing a petition with the court, it's important to understand the legal requirements and procedures involved in contesting a Will.


To have standing to contest a Will in San Diego, California, an individual must be an "interested person." This means that you must either have a direct benefit in the Will or have lost a benefit due to the Will's provisions. Interested persons can include heirs at law, beneficiaries under a prior or destroyed Will, executors, and personal representatives of the estate. Once you have established standing, you can file a petition with the court and begin the Will contest process.

Contact The Stone Law Group to schedule a consultation with a lawyer today. 619-815-8530

Common Grounds for Contesting a Will

There are several grounds for contesting a Will in San Diego, California, but the most common is lack of testamentary capacity. Probate Code section 6100.5 specifies that an individual must have the mental capacity to understand the nature of the Will, the value and location of their property, and the identities of their living descendants, spouse, parents, and other relatives affected by the Will. If a testator lacks testamentary capacity at the time of drafting the Will, the Will may be deemed invalid. Other grounds for contesting a Will may include undue influence, fraud, duress, or mistake. Undue influence can occur when someone uses their power or authority to coerce the testator into making changes to their Will that benefit them. Fraud may involve misrepresentation or concealment of material facts related to the Will. Duress refers to threats or physical coercion that compel the testator to take certain actions with their Will, while mistake involves errors in the Will drafting process that change the testator's intent.

Working with a Probate Attorney

Contesting a Will in California requires a thorough understanding of probate law and the legal procedures involved. If you are considering challenging a Will, it's important to work with an experienced probate attorney who can help you navigate the complex process and increase your chances of success.


The Stone Law Group can assist you in evaluating the merits of your case, preparing and filing the necessary court documents, and representing you in court hearings and proceedings. Our attorney can also help you negotiate with other interested parties or engage in alternative dispute resolution methods such as mediation or arbitration.


Working with The Stone Law Group can help ensure that your rights and interests are protected as you contest a Will in California. With the firm's legal experience and guidance, you can approach the Will contest process with confidence and achieve a favorable outcome.

Contact Us Now
Share by: