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Understanding Will Contests in California
Inheriting assets is often a straightforward process, but when suspicions of fraud, undue influence, or legal violations arise, beneficiaries may need to challenge a will in court.
At Wade Litigation, we specialize in probate and estate litigation, helping clients protect their rightful inheritance and ensure that wills are legally valid.
Can You Challenge a Will in California?
Yes. California probate law allows certain individuals to contest a will if they have legal standing and valid grounds.
Who Can Contest a Will?
You may be eligible to challenge a will if you are:
- A beneficiary named in the will.
- A person who would inherit under California intestacy laws (if the will were invalid).
- A previous beneficiary whose inheritance was reduced or removed in the latest version of the will.
Valid Legal Grounds for Contesting a Will in California
Challenging a will requires specific legal reasons rather than personal dissatisfaction with the terms. The most common grounds include:
1. Lack of Testamentary Capacity
A will may be invalid if the person who created it (the testator) lacked the mental ability to:
- Understand what a will does.
- Recognize their assets and beneficiaries.
- Comprehend who would normally inherit under California law.
This often applies in cases where the testator suffered from dementia, Alzheimer’s, or other cognitive impairments at the time the will was created.
2. Undue Influence
If someone pressured, manipulated, or coerced the testator into changing their will, it can be contested on the grounds of undue influence.
Signs of undue influence include:
- Sudden and drastic changes to beneficiaries.
- A new will benefiting a caregiver, advisor, or distant acquaintance instead of family.
- The testator being isolated from family members before making changes.
3. Fraud or Forgery
A will may be invalid if it was:
- Falsely represented to the testator (e.g., tricking them into signing a will they didn’t understand).
- Forged by another party.
- Altered after signing without proper legal authorization.
4. Failure to Meet Legal Requirements
A valid will in California must:
- Be in writing.
- Be signed by the testator.
- Have two witnesses present who also sign it (except in rare handwritten wills known as holographic wills).
If these requirements were not met, the will may be challenged and declared invalid.
5. Multiple Wills and Conflicts
If there are conflicting versions of a will, courts will determine which document is legally valid. A more recent will typically supersedes an older one unless it was created under suspicious circumstances.
How to Challenge a Will in California
If you suspect a will is invalid, follow these steps:
Step 1: File a Petition in Probate Court
You must formally contest the will by filing a petition in the probate court handling the estate. This must be done before the probate process is completed.
Step 2: Gather Evidence
Strong evidence can prove undue influence, fraud, or lack of capacity. Key documents may include:
- Medical records showing cognitive decline.
- Witness testimony from those who saw the testator sign the will.
- Financial records indicating suspicious transactions.
- Expert analysis of handwriting or signatures in suspected forgeries.
Step 3: Attend Mediation or Court Hearings
California courts often recommend mediation to resolve will disputes without lengthy litigation. If no agreement is reached, the case proceeds to a probate trial, where a judge will determine the will’s validity.
What Happens if a Will is Declared Invalid?
If the court finds the will invalid, the estate is distributed based on:
- A previous legally valid will (if one exists).
- California intestacy laws, which prioritize spouses, children, and other close relatives if no valid will is found.
How Wade Litigation Can Help
At Wade Litigation, we have extensive experience in probate litigation, will contests, and estate disputes. Our legal team can help you:
- Assess whether you have a strong case for contesting a will.
- Gather evidence and expert testimony to support your claim.
- Represent you in court or mediation to protect your inheritance rights.
Protect Your Rights—Act Now
Contesting a will is time-sensitive, and California law limits how long you have to challenge an estate. If you believe a will is invalid, don’t wait—contact Wade Litigation today for expert legal advice and representation.