Probate Code Section 825 – Unfair Denial Of Right To Jury Trial

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)

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