Challenging a will in California (also known as contesting a will) involves taking legal action to argue that the will is invalid for reasons like undue influence, lack of capacity, or fraud.
The process starts by filing a petition with the probate court and gathering strong evidence to support your claim.
At Vistas Law Group, we’ve spent over 20 years helping Californians resolve these sensitive disputes in a caring and professional way.
Who Can Contest a Will in California?
To challenge a will, you must be an “interested party” – someone with a direct stake in the outcome. This includes:
- Beneficiaries: Individuals or entities named in the current will or a prior version.
- Heirs: Those who would naturally inherit under California’s intestacy laws if there were no valid will in place.
- Creditors: People or organizations owed money by the deceased at the time of their passing.
If you fall into one of these groups, you have the legal standing to contest the will and bring your case to court.
Grounds for Contesting a Will in California
There are several valid reasons to challenge a will. Let’s break them down:
Lack of Testamentary Capacity
This means the person who created the will (the testator) wasn’t mentally capable of understanding what they were doing.
For instance, they may not have understood what assets they held or who would inherit them. Medical records and testimony from people who knew the testator can be critical in proving a lack of capacity.
Undue Influence
This occurs when someone pressures or manipulates the testator into making or changing a will in their favor. Examples might include a caregiver isolating the testator from their family or a new partner coercing them into rewriting their will.
Communications, financial records, and witness accounts showing the extent of influence can be used as evidence.
Fraud
Fraud happens when the testator is tricked into signing a document under false pretenses. For example, they might have been told they were signing something other than a will.
Examples include misrepresenting the content of the document or lying about the intentions of other beneficiaries. To prove fraud, you’ll need evidence proving there was intentional deception, not just suspicion.
Forgery
Signs of forgery might include mismatched signatures or irregularities in handwriting. Handwriting analysts or forensic document examiners can often determine whether a signature was faked.
For a will to be valid, it must be signed by the testator and witnessed by at least two people who are disinterested parties.
Examples of improper execution include failing to meet the witness requirement or improperly notarizing the document.
California permits interested witnesses, but this can pose a legal challenge. If a beneficiary of the will also acts as a witness, it raises a presumption of undue influence in obtaining the gift outlined in the will. Consequently, the burden of proof is on the beneficiary-witness, who has to demonstrate that they did not exert any undue influence.
Revocation
A valid will can be revoked by creating a new will or physically destroying the old one. If there is evidence of revocation, the previous will may no longer apply.
Common methods of revocation include tearing, burning, or marking the document with the intent to revoke it. A newer valid will typically supersede an older one if it explicitly revokes prior versions.
How to Contest a Will in California?
If you’re considering challenging a will, here’s what you need to know about the process:
- Identify Grounds: Start by determining your specific legal basis for challenging the will. Common reasons, as mentioned above, include undue influence, fraud, lack of testamentary capacity, or improper execution.
- Gather Evidence: You need to have strong supporting evidence such as medical records, financial documents, and witness statements. An attorney can assist in obtaining key documents through subpoenas.
- Timelines:
- Before Probate: You can file a caveat with the court to challenge a will before it’s submitted to probate, but most people wait until the will is offered for probate to gain more information.
- During Probate: You have 120 days from when the will is admitted to probate to file a contest. This deadline is critical and begins once the court validates the will.
- After Probate: Generally, you cannot challenge a will after probate concludes, as the 120-day deadline applies regardless of formal hearings.
- Exceptions:
- Minors or those mentally incompetent without representation may have extended time.
- Challenges based on fraud or forgery may be allowed after the deadline, but only with strong evidence.
- File a Petition: Submit a detailed petition to the probate court that outlines the grounds for your challenge and includes supporting evidence.
- Serve Notice: Ensure all interested parties, such as beneficiaries and heirs, are formally notified of your intention to contest the will.
- Discovery: Engage in the discovery phase, where both sides exchange relevant evidence. This may involve testimony from witnesses with particular knowledge or skills, such as handwriting analysts or medical professionals.
- Mediation or Trial: Many cases are resolved by mediation to avoid a lengthy trial. If mediation fails, the case proceeds to court.
- Court Decision: A judge reviews all evidence presented and makes a final ruling. Judges typically have 90 days to issue their decision after the trial concludes.
Contesting a Will in California? Vistas Law Group Can Help
If you believe you are dealing with a will that doesn’t reflect your loved one’s true wishes, take action now. Contact Vistas Law Group for a confidential consultation at (213) 745-8747 (Los Angeles) or (951) 307-9154 (Inland Empire). We know this process can feel overwhelming, but you don’t have to go through it alone. Our bilingual team is always ready to provide the compassionate, professional support you deserve.
Let us help you protect your loved one’s legacy and your rights during this difficult time.