Does a Will Contest Involve a Jury Trial?
Although in the past it was possible to have a jury try factual issues raised in a will contest, will contests are no longer tried by jury. Probate Code ยง 8252(b). A trial judge is typically an experienced and sophisticated trier of fact. In a will contest, the trial judge should not and typically will not be attempting to reach a result favoring the party whom the trial judge believes is more worthy, deserving, or needful of the decedent’s property. Nor will the judge, in a contest over who will administer the decedent’s estate or trust, attempt to reach a result favoring the party whom the judge considers more deserving or qualified to conduct the administration. Rather, the trial judge should and typically will be trying to reach a result giving effect to the decedent’s intent, whether or not the trial judge believes the decedent’s intention was unfair, unwise, whimsical, or inappropriate. Of course, a seemingly inappropriate provision in a challenged testamentary instrument may inf
