Will Contests

A will contest is an action to prevent probate of a tendered will or to revoke a will that has been admitted to probate.

The statutory grounds for contesting a will include the following (Prob C §§8252(a)):

Lack of due execution;
Lack of testamentary intent or capacity to make a will;
Undue influence, fraud, menace, or duress;
Mistake;
Revocation; and
Forgery.

Trust litigation and probate litigation are conducted within the Probate Division of the Superior Court or Circuit Court of local jurisdiction. The Probate Division for Santa Clara County Superior Court is located at 191 N. First Street, San Jose, CA.

The Law Offices of Dawson G. Crawford can assist you with will contests in either Santa Clara County Superior Court, San Francisco County Superior Court, Hawaii’s Fifth Circuit Court (Kauai), or other Superior and Circuit Courts within California or Hawaii.