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Cal. Prob. Code § 8252

Contest of Will

Applied in 5 court decisions — leading case 8 Cal. 4th 666 - Crowley v. Katleman (1994)

Most recently applied in 161 Cal. App. 4th 509 - Ferraro v. Camarlinghi (April 2008)

Enacted by Stats. 1990, Ch. 79.

How often courts cite this section

19912000200820
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) At the trial, the proponents of the will have the burden of proof of due execution. The contestants of the will have the burden of proof of lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. If the will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate.

(b) The court shall try and determine any contested issue of fact that affects the validity of the will.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.