Estate of BELVA C. P. SMITH, Deceased. CHARLES SMITH, Petitioner and Appellant, v. INDIA ROSE SMITH et al., Contestants and Respondents

61 Cal. App. 4th 259 · A077483

California Court of Appeal, First Appellate District · Filed

Published · citable Cites 5

Holding

The court held that a duly executed statutory will cannot be denied admission to probate based on a testator's mistaken belief about the legal effect of its dispositive provisions; mistake is only a valid ground for contest if it negates the fundamental testamentary intent—the intent that the document itself operate as a revocable disposition of property upon death.

Authorities cited (5)

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