Nov 6, 2023
Leading estate planning lawyer founder of the Law Offices of Robert H. Brumfield, P.C., in Bakersfield, CA outlines the complex process of challenging a will. For more information please visit https://www.brumfieldlawgroup.com
Bakersfield, CA, California, United States - November 6, 2023 —

Tackling the validity of a loved one's will can be fraught with difficulties, not least the narrow grounds upon which a legal challenge can be launched, said Estate Planning and Probate Attorney Robert Brumfield.
For more information please visit https://www.brumfieldlawgroup.com
Staying above the emotional impact of a family's shock and anger at having the audacity to challenge a will is one thing; taking the matter all the way to court is an entirely different matter.
Brumfield said that a process called probate is in place to enable the procedure for a last will and testament to be validated. This then allows a person's assets to be distributed to named beneficiaries in accordance with their wishes.
However, if someone suspects the will is fraudulent, they are open to challenging the will, albeit with some conditions.
"An aggrieved person cannot file a claim against a will purely based on emotional grounds, such as anger for not getting more than they should have, perceived broken promises or even oral agreements which are not backed up in writing," said Brumfield.
Firstly, a person must have 'legal standing' to challenge a will. This is defined as beneficiaries, such as loved ones, children, family members, or heirs. Creditors who have a claim against an estate can also legally object.
Brumfield said that the burden of proof in challenging a will rests on the objector. They must be ready to gather evidence, secure witness statements, and seek professional guidance from an attorney skilled in such challenges to ensure the case is legally watertight.
There are limited grounds upon which to object to a will. These consist of either:
Brumfield said that if someone is pressured, forced or coerced into making a will that favors one person in a particular way is grounds for the document to be challenged and ruled invalid. "The problem here is trying to prove someone, who has now died, was coerced or unduly influenced. The burden lies on the challenger to show that occurred."
Proving a will was not correctly executed deals with the administrative aspects surrounding the document's creation. These relate to the drawing up of the will, if the will was written and properly signed, that it was witnessed by at least two people over the age of 18 at the time and that those witnesses do not materially benefit from the will as that inference could be open to challenge.
Brumfield commented that for a will to be legal, the person making it knows and understands what they are doing and what they bestow to beneficiaries.
A beneficiary, for example, may have doubts about that relative's testamentary capacity and raises them after their death.
"Just because that person was of advanced age is not a valid challenge," he said. Trying to prove a person's lack of requisite capacity to understand the nature of a will, the influence of such a document and the consequences of their wishes will rest on calling medical evidence.
Suspicions of fraud or forgery that seek to sway a will in a person's direction are serious allegations that can, if proven, run to a criminal case. If, for example, the signature on a will is suspected and is not that of the person who made it, then a handwriting expert may have to be called in to establish the facts. A will that is proved to be forged can be ruled invalid.
Challenges can be overridden by a person inserting a 'no-contest' clause in a will, in which an heir or a beneficiary who challenges the will and loses will be disinherited.
Objections to a will need to be done within a legal timeframe, and a potential contester should seek legal advice from a probate litigation specialist to discuss their challenge and the risks involved.
If they decide to press ahead, they must file a petition to the state probate court, informing their intention to contest a will. The case may be settled out of court or proceed to a full-blown hearing before a judge who decides the will's validity.
Brumfield pointed out that if the challenger loses the court case, they could be forced to pay the other party's costs. "The person launching the challenge must be aware of the risks. The impacts, isolation by loved ones and family, and loss of friends, may well outweigh any financial costs."
Brumfield said that ensuring a valid legal will and estate planning is in place, backed up by advice from a skilled attorney in that field, will help minimize the chance of such potential challenges arising.
Source: http://RecommendedExperts.biz
Contact Info:
Name: Robert H Brumfield
Email: Send Email
Organization: Law Offices of Robert H. Brumfield, P.C.
Address: 1810 Westwind Drive, Suite 100, Bakersfield, CA 93301
Phone: 661-464-7770
Website: https://www.brumfieldlawgroup.com
Release ID: 89111795
In case of detection of errors, concerns, or irregularities in the content provided in this press release, or if there is a need for a press release takedown, we strongly encourage you to reach out promptly by contacting [email protected]. Our efficient team will be at your disposal for immediate assistance within 8 hours – resolving identified issues diligently or guiding you through the removal process. We take great pride in delivering reliable and precise information to our valued readers.
Follow along as we bring you the latest live news updates from Australia and around the world.
With up to 250 millimetres of rain bucketing on south-east Queensland in a day, the region’s wet weather will go out with a bang.
With up to 250 millimetres of rain bucketing on south-east Queensland in a day, the region’s wet weather will go out with a bang.
A memo says meetings with other elected officials who aren't candidates in the midterms can happen if necessary, but they should be discussed in advance with senior officials.
The respected journalist told the broadcaster she won’t return to the breakfast show she co-hosted with Bob Murphy.
An unprecedented election war is playing out between the Trump administration and California in federal court, with a slate of cases proceeding at breakneck speed ahead of the Nov. 3 election.
Defense Secretary Pete Hegseth barred all Pentagon staff from using undisclosed information to place wagers on forthcoming U.S. military action using betting platforms and prediction markets like Kalshi and Polymarket. “Make no mistake why this matters. Our enemies watch movements in these markets," Hegseth said in a memo, first obtained by CBS News. "When an American...
Two teenage girls who were arrested on suspicion of plotting a mass shooting at a Riverside County high school had a list of intended targets, according to authorities. Revenge was the motivation.
The order from U.S. Magistrate Judge Enjoliqué Lett came as lawyers for the British broadcaster complained that Trump had delayed his appearance.
Diplomats from the EU’s 27 member states were pressured this week to lift sanctions on Yusha Group, a Chinese textiles manufacturer accused of selling sensitive European technology to Russian buyers. In exchange, Beijing has pledged that the company will refrain from shipping banned items to Russian military-linked buyers. It will also remove German company Sindlhauser Materials from its own export controls list, according to multiple sources familiar with the affair. The unusual quid pro quo –...
Drops for stocks in the artificial-intelligence industry are dragging markets down worldwide, while oil prices hit their highest levels since May on worries about the war with Iran.
At least 16 people were killed and 32 more injured when a strong 7.0-magnitude earthquake struck China’s western Tibet autonomous region late on Thursday, state news agency Xinhua said, citing local authorities. More than 300 houses collapsed in the earthquake, which struck on Thursday at 10.33pm. Officials were still evaluating the damage, and disaster relief work was ongoing, Xinhua said. The epicentre of the quake was located in a mountainous area about 190km (120 miles) east-northeast of...
YOUR NEWS, OUR NETWORK.
Do you have Great News you want to tell the world?
Be it updates about your business or your community, you can make sure that it’s heard by submitting your story to our network reaching hundreds of news sites across 6 verticals.