Judicial laws are different in every nation. They might be similar in a few cases, but have distinguished regulation in the trial of similar civil and criminal cases. The probate is judgement given by the court. It is the clear and non-ambiguous verification of a Will made be a deceased person. It is usually opened in case of doubts or conflict in two or more parties regarding the distribution of deceased person property and assets. Here is a sample objection to probate petition california.
If a person files a case of objection in the matter of Will or claim to have another Will, or in few cases, there are other Wills produced in the court of law, the probate can be objected and is voidable at that time. The Will war starts and until it is resolved, the objection prevails ion the property and assets. There will be no possession or ownership during the case trial. Ina few cases, the objection to probate can be time-consuming and very expensive.
So, who can object the Probate?
Any person with “standing” has the right to object the probate. If he is somewhere related to the deceased or claims to have an interest in the deceased will, he can simply file an objection. It clearly means his financial and monetary interest lies in the deceased property and assets left by him.
He might be his illegitimate or stepchild, spouse or blood relative. Ina few cases reported, it is an adopted child or someone known by the dead person.
The replacement of earlier Will
If the Will was made during the illness or mental incompetency phase of the deceased, it can be overpowering and replace the earlier Will. Also in case of forgery, fraud, intentionally, or by mistake, in the case of misprint or error in name of the person, the Will can be challenged and replace the earlier Will. This is lawful, of course with several limitations and clauses attached in its regulations.
Objecting a probate can be very complex, might take a lot of time in judgment and thus, hiring an experienced attorney is very important to win the case.