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By: Scott Grossman on September 17th, 2024

Challenging a Will in California: Legal Grounds and Procedures

Losing a loved one is an emotionally challenging time. When the loss is compounded by questions about the validity of their will, it can be even more overwhelming. Challenging a will in California is complex and deeply personal, often adding strain to grieving families.

Here at The Grossman Law Firm, we have been helping people secure their inheritance for over twenty years. Our role in this process is to provide legal guidance, representation, and support. We believe that understanding the legal grounds and procedures for challenging a will in California can help you navigate this complicated process with clarity and confidence, and we are here to assist you every step of the way.

This article is a valuable resource for those considering contesting a will in California. It explains the legal grounds for contesting a will, who can challenge a will, and the steps involved in the process, empowering you with the knowledge you need.

Legal Grounds for Challenging a Will in California

In California, challenging a will cannot be done lightly. The law recognizes people’s right to distribute their estate according to their wishes. However, it also provides safeguards to ensure the will is valid and reflects the decedent’s true intentions. You must have legal grounds to contest a will.

Lack of Testamentary Capacity

One of the most common reasons to challenge a will is when the testator who made the will lacks the mental capacity to understand what they were doing when it was signed. In California, testamentary capacity means that the testator must:

  • Understand they are creating a will.
  • Know the nature and extent of their property.
  • Recognize the individuals who typically inherit their estate (such as family members or heirs).

Suppose the person creating the will was suffering from dementia, mental illness, or any other condition that impaired their ability to think clearly. In that case, there may be grounds to contest the will. Proving a lack of capacity often requires medical records and testimony from individuals familiar with the decedent’s state of mind.

Undue Influence

Undue influence occurs when someone exerts pressure on the testator to create or alter their will in a way that benefits the influencer rather than reflecting the testator’s true wishes. It is especially concerning when the testator is vulnerable due to age, illness, or emotional dependence on the influencer.

California courts consider several factors to determine whether undue influence occurred, including:

  • The vulnerability of the testator (due to illness, isolation, etc.)
  • The relationship between the testator and the person allegedly exerted undue influence
  • Whether the terms of the will vary significantly from expectation or previous wills ( such as disinheriting close family members without explanation)

Undue influence is a subtle and complex ground for contesting a will, as it often involves behaviors that can be hard to prove but deeply impactful.

Fraud and Duress

Fraud occurs when the testator is deceived into signing a will. Usually, this is because they were unaware of what they were signing or because they were lied to about the content of the will. Two types of fraud can invalidate a will:

  • Fraud in the execution happens when the testator is tricked into signing the will without knowing what they are signing.
  • Fraud in the inducement occurs when the testator is misled about essential facts, causing them to draft or amend their will based on false information.

Coercion is when the testator is threatened or coerced into signing a will. Suppose someone forces a vulnerable individual to sign a will through threats of physical or emotional harm. In that case, as a protector of justice, the court can invalidate the will, providing reassurance about legal protection.

Improper Execution

California law requires that wills meet specific formalities to be valid. The basic requirements include:

  • The will must be in writing.
  • The testator must sign it or someone else in their presence and at their direction.
  • Two witnesses must be present simultaneously and sign the will, confirming they witnessed the testator signing or acknowledging the will.

Failure to meet these requirements can render a will invalid. If questions arise about whether these formalities were followed, they can serve as a basis for a will contest.

Forgery

If it is proven that the signature on the will was forged, the entire document becomes invalid. Forgery is a serious offense, and proving it requires substantial evidence, such as handwriting analysis and witness testimony.

Who Can Challenge a Will in California?

Only some people have the right to contest a will. In California, only “interested parties” have legal standing to challenge the validity of a will. Interested parties include:

  • Beneficiaries named in the will: If someone stands to benefit from the will, they have the right to contest it if they believe it does not reflect the decedent’s true wishes.
  • Heirs-at-law: If the decedent died without a valid will (intestate), certain family members, known as heirs-at-law, would inherit the estate under California’s intestacy laws. These heirs may contest a will if they believe they were unfairly disinherited.
  • Dependents: Someone who was financially dependent on the deceased.
  • Creditors: In some cases, creditors of the estate can contest the will if they believe that the will does not appropriately address the decedent’s debts.

Legal standing is a crucial first step in a will contest because only those directly involved in the estate can proceed.

Statute of Limitations for Challenging a Will

California imposes a strict time limit for contesting a will. Once a will has been submitted to probate, any interested party must file their contest within 120 days from the date the probate court admits the will. Failing to meet this deadline will make the will legally binding, and you may not be able to challenge it again. 

The court may extend this period if new evidence comes to light, but these situations are rare. You must take action quickly if you suspect that the will is invalid.

The Legal Procedure for Challenging a Will

The process of challenging a will in California involves several legal steps. Understanding these can help guide you through a lengthy and emotionally charged process.

Filing a Petition in Probate Court

The first step in challenging a will in California is filing a petition with the probate court. The petition outlines the legal grounds for contesting the will, such as lack of capacity, undue influence, or fraud.

Discovery Process

After the petition is filed, both sides enter the discovery phase. It involves gathering evidence to support or refute the claims made in the will contest. Discovery may include:

  • Depositions of witnesses, including the attorney who drafted the will.
  • Medical records to establish the mental capacity of the testator.
  • Financial records to show undue influence or fraud.

The discovery process can be time-consuming, but it is essential for building a solid case.

Mediation and Settlement Options

Many will contests are resolved through mediation. Mediation allows both parties to negotiate an agreement outside of court, saving time and legal expenses. It can also help preserve strained relationships during a will contest.

Probate Court Trial

If mediation is unsuccessful, the case will go to trial. Both sides present their evidence, and a judge will decide. The burden of proof is on the person contesting the will to demonstrate that the will is invalid.

Appeals Process

If you disagree with the trial’s outcome, you may have the option to appeal the court’s decision. However, appeals are limited to addressing legal errors made during the trial. This does not mean recapping the facts of the case.

Consequences of a Successful Will Contest

If the court rules in favor of the contestant, the consequences can vary:

  • Invalidating the Entire Will: The estate will be distributed according to California’s intestacy laws, or an earlier valid will may be reinstated if the will is found to be entirely invalid. 
  • Partial Invalidity: The court may strike down only certain portions of the will if tainted by undue influence, fraud, or improper execution.
  • Reinstating a Previous Will: If the current will is invalidated, the court may reinstate the previous will. 

Next Steps for Challenging a Will

Challenging a will in California is a complex and emotionally charged process. The legal grounds for contesting a will must be carefully considered, and the procedures require precision and diligence. If you face this difficult situation, seeking legal advice and acting quickly within the statute of limitations is crucial.

While the process can be stressful, remember that at TGLF, we aim to honor the decedent’s true wishes. Understanding the legal grounds and procedures for challenging a will can provide some clarity during uncertainty. Knowing your rights can help you navigate the probate litigation process.

Knowing the Basics of Challenging a Will in California

Please review our articles on “Beneficiary’s Rights in California,” “The Importance of Hiring a Probate Attorney in California,” and “How do I remove a trustee in the California Probate Court?”

If you still need more information on Probate Litigation, check out our complete Overview of Probate Litigation: A Comprehensive Guide for Heirs and Beneficiaries on our website. If you have more questions about your rights as a beneficiary and what you should know moving forward. 

Whether you are still having some trouble, have any more questions, or want to talk to someone about your case, please give us a call or fill out our Get Help Now form.

Again, if this aligns with what’s happening to you, reaching out as soon as possible is best. The longer you take, the more damage your will could suffer. Please call us at (888) 443-6590, and we would be more than happy to see if we can assist you.