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Palo Alto Contested Wills Attorneys Protect Your Interests

What is the procedure for contesting a will?

Once a will enters probate, typically a notice to creditors is published in a local newspaper. While many times this notice passes without event, sometimes an “interested person” wishes to file a challenge to the will.  Chiles and Prochnow can advise whether you qualify as an interested person.  Assuming you do qualify, you will have to carry the burden of proving your right to set aside the will.  This challenge can be based upon facts that show an interpretation of the instrument in your favor or a showing of any one of the following:

  • Capacity
  • Duress
  • Fraud
  • Forgery
  • Menace
  • Undue influence
  • Mistake

Caution: Filing a challenge or even a creditor’s claim may require consideration of the effect of a “no-contest” clause. Typically, a no-contest clause acts as a poison pill — you can challenge the will, but you risk disinheritance if your argument fails. We can advise you of the effect of a no-contest clause.

Contact us today to work with our dedicated and experienced contested wills’ attorneys

At Chiles and Prochnow, we advocate tirelessly on your behalf. Located in Palo Alto, we serve all of Silicon Valley. Plenty of on-site parking is available. To schedule your free consultation, please call our firm at 650-812-0400 or contact us online.