Legal Question in Wills and Trusts in California
challenge a will
The lawyer who prepared my parents' will included a statement in the will that if I, their daughter, challenge the will I will receive nothing and told my parents that that was a required part of a will. Can this be correct?
Asked on 12/21/05, 3:34 pm
2 Answers from Attorneys
H.M. Torrey
The Law Offices of H.M. Torrey
Re: challenge a will
No, this is not a compulsory legal requirement in the least, however, it does protect the testator's intent per se to include such a permissive "no contest" provision. For further assistance, contact us directly.
Answered on 12/21/05, 6:05 pm
Ken Koenen
Koenen & Tokunaga, P.C.
Re: challenge a will
It is not required, but highly recommended to prevent disinherited individuals or those who are receiving less from challenging the will, which would result in high legal fees for the estate.
Answered on 12/21/05, 4:11 pm