Unfortunately, drafting a will, can be considered a taboo or depressing subject among family members. Therefore, many loved ones do not realize the terms of a close family member or friends will until after the person passes away. At that point the next steps involve a formal will contest. If you live in California and you are considering contesting a will or if you are in the middle of a will contest you should retain a Los Angeles Probate Attorneywho is up to date with the current changes in the California Probate Code.
Your attorney should be able to walk you through the process of a formal will contest. In order to qualify as a will contest under California Probate Code section 21311(a)(1) the contest must be direct. A direct contest is one "that alleges the invalidity of a protected instrument" a protected instrument is defined as the instrument that contains the no contest clause or an instrument that is in existence on the date that the instrument containing the no contest clause is executed and is expressly identified in the no contest clause, either individindividually or as part of the identifiable class of instruments." (California Probate Code section 21310(e)).