Simple English definitions for legal terms
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A will contest is when people argue about whether a will is real or not. They might say that the person who wrote the will was forced to do it, or that they didn't understand what they were doing. Only people who are affected by the will can start a will contest. The court will only decide if the will is real or not, not what it means. A will contest is just the first step in figuring out what should happen with the things the person who wrote the will left behind.
A will contest is a legal process where people argue about whether a will is valid or not. This usually happens after someone dies and their will is being probated. The most common reasons for disputing a will are:
In order to start a will contest, you have to be someone who has a stake in the will. This means you have to be someone who will be affected by the will being probated. For example, if you were left out of the will, you might want to contest it. In California, anyone who has an interest in the will can start a probate proceeding by filing a petition with the court.
For example, let's say that John died and left a will that gave all of his money to his sister, Jane. John's children might want to contest the will because they think that Jane influenced John too much when he made the will. They would have to file a petition with the court to start the probate process and argue their case.
It's important to remember that in a will contest, the court is only deciding whether the will is valid or not. They are not deciding what the will means or who should get what. That comes later in the probate process.