California Probate Code Section 825 provides “Except as otherwise expressly provided in this code [i.e., the Probate Code], there is no right to a jury trial in proceedings under this code.” Why is that, i.e., why is there no right to jury trials in will and trust contests where the claims and defenses typically relate to jury relevant issues like mental capacity, intent and wishes, fraud, forgery and witness credibility? I see no logical or legal reason for Section 825 or its provisions.
Dave Tate, Esq. (San Francisco)
A blog discussing trust, estate, probate, conservatorship, elder and dependent abuse, mental and physical health, care and capacity, and litigation, disputes, and mediation. See list below. http://Californiaestatetrust.com 