Challenging a Will Based on Suspected Fraud
After your loved one passes away, the terms of their will may be revealed to you. Unfortunately, you may be surprised and disappointed by what the will dictates. This may have been the true intention of your loved one. Alternatively, your loved one may have been the victim of fraud that led him to create a will that does not reflect his true wishes. As the surviving loved one, it is up to you to decide whether you want to challenge the will’s validity. Wills can be challenged on many grounds, including undue influence, lack of mental capacity, and fraud.
Suspected Fraud
If you can prove to the court that your loved one’s will was created due to fraud, the will would not be admitted to probate. As a result, during the administration of your loved one’s estate, the terms of that will are not followed. Instead, your loved one’s estate will be distributed following the laws of California, as if your loved one had died without a valid will—unless an earlier, valid version of their will exists.
To successfully challenge the will, you must show that fraud occurred. This fraud can be actual or constructive. Actual fraud is deemed to exist when there is an intention to deceive by any of the following:
- The suggestion is a fact of something not true by one not believing it to be true.
- A positive assertion of something not true is made in a manner not warranted by the information possessed by the person making the assertion—even if that person believes the assertion is true. This is also known as negligent misrepresentation.
- Suppression of the truth by someone who has knowledge or belief of the truth.
- A promise made without any intention of performing the promise.
- Any other act meant to deceive.
Challenging a Will
Constructive fraud is deemed to exist when a breach of duty gives an advantage to a person by misleading another to their prejudice. To prove constructive fraud, you do not have to show that there was actual fraudulent intent. Under California law, there also may be certain acts or omissions that are deemed to be fraudulent automatically.
When pursuing your will contest, you must demonstrate that actual or constructive fraud influenced your loved one to have the will invalidated. In addition, you must show that your loved one had a mistaken belief or beliefs. This means it occurred due to fraud when the will was signed. This is true even if the actual fraud was carried out at an earlier date and time.
Pursuing a will contest is not easy for those without the necessary experience. Fortunately, we are here to help guide you through this process with patience and sensitivity.
Supporting our clients is our top priority. If you have more questions, our Learning Center has plenty of helpful information. If you want a comprehensive overview of California trust litigation, click here. Are you ready to start your case? Then, please give us a call or fill out our Get Help Now form.
FAQ Challenging a Will:
Who can contest 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, heirs-at-law, dependents, and possibly creditors.
What are the legitimate reasons for challenging a Will in California?
California Probate Code Section 8252 outlines valid reasons for contesting a Will.
- Lack of testamentary capacity
- Fraud
- Undue influence
- Duress
- Mistake
- Revocation
For more information on contesting a will in California, refer to our article, “Challenging a Will in California: Legal Grounds and Procedures,” for a more comprehensive overview of wills in California.
Is there a time limit for contesting a Will?
Yes, there is a time limit for contesting a will in California. You have 120 days from the date a will is admitted to probate to contest it.
Do I need a probate attorney to contest a Will?
You are not legally required to have a probate attorney, though due to the complexities of probate, it is something you should look into before starting the process of contesting a will in California.