Key Takeaways
- Contesting a will involves formally disputing the document’s legitimacy in probate court after the testator’s death, stating it does not accurately represent the individual’s true intentions or is otherwise invalid.
- Typically, wills are only contested if there was coercion, fraud, forgery, failure to meet legal formalities, or the testator was not mentally sound when signing.
- Interested parties with standing to contest a will include the testator’s children, heirs, devisees, spouses, creditors, or other named beneficiaries in the contested or prior wills.
- To contest a will in California, you must establish legal standing and seek legal counsel to file a petition within 120 days after probate is opened.
Understanding Will Contests
A will contest is the legal process of challenging the validity of the legal document stating how a person, known as the testator, wants their assets distributed after death. This process can be emotionally taxing since the person or people contesting the will are likely still grieving the loss of a loved one and may be worried about impacting family dynamics or appearing self-serving.
Nevertheless, it still can be worth contesting a will if the document appears to contradict the deceased’s known wishes due to factors, such as undue influence or lack of testamentary capacity. It is vital to act fast and consider mediation or litigation as solutions.
This guide will speak to when wills can be contested, covering concerns like coercion or fraud. For interested parties that qualify, this guide will also explain how to contest a will in California, listing steps that can increase your likelihood of success. Still, consulting an experienced probate litigation attorney in your area can help determine whether contesting the will is viable based on your specific situation.
What is a Last Will and Testament?
A last will and testament, also called a will, is a legal document specifying how assets should be distributed among heirs and beneficiaries; it only takes effect upon the testator’s death. A will specifies the following details in a person’s estate plan:
- Estate administration – A will may provide specific instructions for managing and distributing a deceased person’s assets and settling debts.
- Executor responsibilities – A will may appoint an individual to manage the previously mentioned estate administration tasks.
- Guardianship of dependents – A will may name guardians for the testator’s minor children or dependents.
- Management of financial accounts and real estate – A will may provide instructions for handling financial matters and property.
Wills should be created with the help of an estate planning attorney to guarantee they accurately account for all of the testator’s assets, debts, and relationships with beneficiaries. Wills are supposed to reflect the testator’s true wishes, but that is not always the case, creating situations where wills can be contested.
What Does Contesting a Will Involve?
Contesting a will involves legally challenging the will’s validity in probate court to ensure the will admitted to probate accurately represents what the testator wanted. For example, suppose a will is altered by a last-minute codicil (a document that updates an existing will), disinheriting some beneficiaries while favoring others shortly before death. In that case, an interested party may contest the codicil to a will in court if they have tangible evidence of issues with the execution of the codicil.
Some examples of common reasons for contesting a will include:
- Mental incapacity of the testator
- Undue influence
- Fraud or forgery
- Failure to comply with legal formalities
Sadly, elderly individuals who experience mental incapacity or depend on caregivers may be particularly vulnerable to coercion and other contest-worthy situations mentioned above. Demonstrable cases of financial elder abuse are a common reason for a will contest.
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Contesting a Will in California
Contesting a will can look different based on various factors, including the grounds for contesting and the efficacy of mediation attempts. Still, you should read through the following considerations to know what steps may be involved and how to achieve the best outcome possible.
How to Contest a Will
Some steps that are usually included in the process of contesting a will in California are:
- Hiring an experienced California probate litigation attorney
- Collecting all relevant documentation
- Filing a petition with the probate court
- Presenting your case and the evidence
- Maintaining composure and relying on legal counsel
Acting quickly after a loved one’s passing is essential to ensure you can file a petition in time to meet strict legal deadlines. It is also crucial to maintain composure throughout this whole process. Emotional intelligence and adherence to legal advice are vital to successfully contesting a will in California.
10 Steps to Win a Will Contest in California
Implementing the following steps can potentially increase your chances of winning a will contest in California.
1. Determine if You Have Standing to Contest the Will
Only certain parties, such as spouses and children, can contest a will. Confirming your eligibility is essential before moving forward.
2. Obtain Copies of the Will(s)
Gather a copy of the disputed will and all prior versions so that you can review them and potentially uncover inconsistencies or undue changes.
3. Compare Versions to Identify Significant Changes
As you are looking through the collected documents, note any alterations that can support claims of undue influence or fraud to help justify contesting the will.
4. Gather Evidence
Collect evidence supporting the testator’s mental incapacity, undue influence, fraud, or forgery, ranging from medical records to witness statements and expert testimony.
5. Seek Legal Counsel as Soon as Possible
Promptly contact an experienced probate attorney to get help and guidance through the contest process. Delaying this step may jeopardize the success of your contest.
6. Listen to Your Attorney’s Assessment
Thanks to their experience and knowledge of the legal system, probate attorneys can help weigh the potential risks and rewards of litigation and list possible outcomes.
7. Consider Mediation
Mediation can resolve disputes without requiring a lengthy court process, making it a cost-effective alternative to litigation.
8. If Mediation Fails, Prepare for Litigation
If interested parties are not satisfied with the compromises suggested by mediation, you and your attorney should get ready to present your case in court.
9. Avoid Emotional Confrontations
Although contesting a will can present challenges between loved ones, you should let your attorney handle disputes to help maintain professionalism and positively influence the proceedings.
10. Be Prepared for a Lengthy Legal Process
In most cases, will contests can be time-consuming. It is important to remain patient and steadfast throughout the process.
Although the steps above may be helpful for many cases, a qualified probate attorney can offer invaluable legal advice tailored to your particular situation that can increase your chances of successfully contesting a will.
Legal Grounds for Contesting a Will
Knowing the legal requirements for contesting a will in California is crucial to ensure the validity of your case. Be sure to take the following considerations into account when deciding whether or not to contest a will.
Reasons to Contest a Will
The state of California gives interested parties many grounds to contest a will, including:
- Mental incapacity of the testator – If the testator was not in a mental state to understand the nature of the will at the time of signing, the will may be invalid under California Probate Code § 6100.5.
- Undue influence – Unfortunately, sometimes testators are coerced or manipulated by another party to make decisions that do not reflect their true intentions, rendering the will invalid under California Probate Code § 6104.
- Fraud or forgery – In a similar vein to undue influence, if the will was created or altered through deception, it may become void per California Probate Code § 6104.
- Failure to comply with legal formalities – Lacking required elements, such as signatures from the testator and two witnesses, may warrant a will to be contested as outlined by California Probate Code § 6110.
It is important to remember that suspicion alone is not enough to contest a will. You must have tangible evidence backing one of the abovementioned grounds to contest a will in California.
How Long Do You Have to Contest a Will in California?
In California, you have a time limit of 120 days to contest a will after receiving the mandatory notice under California Probate Code § 8270. This probate process requires notice to be sent to all legal heirs and beneficiaries, starting the countdown to challenge the will’s terms.
If you receive notice of a petition to admit the will, you should attend the hearing and object immediately. Moreover, if someone falsely claims that the decedent died intestate (without a will), you should submit the valid will to the court promptly to nullify this claim.
Can I Contest a Will and Win If There’s a No-Contest Clause?
Although many states do not enforce no-contest clauses, California does. No-contest clauses are provisions within wills or trusts that can disinherit beneficiaries who challenge the document’s terms.
However, these clauses are enforceable only if the challenge lacks probable cause, meaning you can still contest a will and win if you have a valid legal basis, ranging from lack of testamentary capacity and undue influence to fraud or forgery. If a will has a no-contest clause, consulting a probate litigation attorney is the best way to evaluate your options.
Who Can Contest a Will?
Parties with both legal standing and an interest in the outcome of the estate can contest a will. Having legal standing is a crucial element in a will contest—in other words, you cannot contest a will simply because you want a greater share of an inheritance.
Who Has Legal Standing to Challenge a Will?
California wills can only be contested by interested parties with standing, which includes:
- Children
- Heirs
- Devisees
- Spouses
- Creditors
- Named beneficiaries in the contested or prior wills
Unfortunately, expecting to inherit does not automatically grant standing. Instead, you must have a legitimate legal interest by qualifying as one of the interested parties mentioned above.
Standing Vs. Interest
While related, the terms “standing” and “interest” have distinct meanings regarding legal disputes. Standing is your legal authority to challenge a will in court, while interest is your personal stake in the case’s outcome—to contest a will in California, you must have both.
For example, as an heir, you have standing due to your relationship with the deceased, while your interest lies in ensuring the estate is distributed fairly. If you are entitled to challenge a will, an experienced probate litigation attorney can guide beneficiaries through contesting a will.
Can You Contest a Will If You’re Not in It?
Yes, you can contest a will as long as you meet the criteria of an interested party, even if you are not in it. In fact, exclusion from a will, especially under questionable circumstances, is a common reason for will contests in California. An interested party is someone who has a stake in the outcome of a will contest case.
For instance, if prior wills suggest an intent to leave assets to specific individuals but a later amendment changes this drastically, there is a chance that undue influence or fraud is at play. In many situations, California courts scrutinize cases where a late-in-life amendment disproportionately benefits one party and disinherits others.
Can Nieces and Nephews Contest a Will?
Yes, nieces and nephews may contest a will if they qualify as an interested party. Some examples of common scenarios that allow nieces and nephews to contest wills in California include:
- Being named in a previous will but being disinherited in a later version
- Suspicion of undue influence from another party that is supported by tangible evidence
If you have concerns about the validity of your aunt or uncle’s last will and testament, contact a probate litigation attorney to promote informed decision-making.
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Contest Your Will in California with RMO Lawyers
If you have evidence suggesting your loved one’s will has been fraudulently changed or does not reflect their true intentions, seek legal counsel immediately. Consulting with an experienced probate litigation attorney is the best course of action, as they can help you assess whether you have standing in your case and whether a will can be contested.
Although each situation is different, taking legal action can increase your chances of recovering the assets and inheritance that were meant for you. The skilled probate attorneys at RMO have decades of experience serving clients across California and Texas and are prepared to advocate for your rights. We can explain how to contest a will and help you develop a winning strategy to help secure your rightful inheritance.
Schedule a free consultation with our experienced attorneys here at RMO Lawyers for reliable support.
Glossary
Beneficiary – An individual or entity identified in a trust as being entitled to receive benefits from the estate.
Codicil – A legal document that amends or supplements an existing will.
Devisees – Individuals designated in a will to receive real property from the deceased.
Disinherited – Being intentionally excluded from receiving an inheritance in a will.
Estate plan – A broad strategy that usually includes documents like a will to outline how an individual’s assets should be managed and distributed after their death.
Executor – Someone that is appointed to carry out a will’s requests, such as managing the estate and distributing assets to beneficiaries.
Heir – An individual who is entitled to receive a share of assets in the event of the settlor’s death.
Interested parties – Individuals or entities that have a potential stake in the outcome of a will or estate, such as heirs or creditors.
Intestate – Dying without a valid will in place, causing assets to be distributed according to state laws.
Legal standing – An individual or entity’s right to initiate legal action, based on their direct involvement or stake in the matter.
Litigation – Legal action or the process of resolving disputes through the court system.
Mediation – An alternative form of dispute resolution where a neutral third party helps conflicting parties reach a mutually agreeable solution without litigation.
No-contest clause – A type of provision in a will that has the potential to disinherit any beneficiary who challenges the terms of the will without probable cause.
Probate court – A specialized court that handles legal matters about wills, estates, and related disputes.
Testamentary capacity – Someone’s legal and mental ability to make or alter a valid will.
Testator – An individual who creates a will to be followed upon their death, explaining their wishes for the distribution of their assets to relevant beneficiaries.
Undue influence – Excessive pressure or manipulation used to influence someone’s decisions, usually leading to unfair or unethical outcomes.
Will – A legal document specifying how someone’s assets and affairs should be handled and distributed after their death.