Defective Wills

Our Oakland Probate Litigation Attorney Explains Common Problems With Wills

A common question many people have is what is a defective will, and what can a person do to remedy the problem. Oakland probate litigation lawyer Charles Triay explains the most common defects in testamentary wills. If you need help with a will or trust dispute, contact our law office today.

Video Transcription

What makes a will defective? Wills can be defective in two or three ways. The most common way is that they’re not dated or signed. The second most common way is they don’t use language that make it clear that this is a will. We’ve had cases where it’s not clear whether this was just a memorandum who was supposed to get things or whether it was supposed to actually be a will. In other words had the person really made up their mind and this was it, or were these just notes?

We’ve had a similar case or two where the question was, “Was a letter to the lawyer telling a lawyer what to put in a will? Was this a will in and of itself?” If you need an attorney to help you with an inheritance battle, call the Triay Law office at (510) 463-3165.