Contesting a will isn’t something most people plan for, but when a loved one’s final wishes don’t seem right, it may be necessary. Maybe there was sudden favoritism toward a single beneficiary, a suspicious last-minute revision, or signs that someone took advantage of the deceased. Any of these situations (or others) can raise questions about the will’s validity and the fairness of the inheritance process.
Understanding when you have a legitimate case is critical to ensuring any foul play is squashed. The legal system doesn’t allow just anyone to challenge a will because they’re unhappy with its terms. Certain legal grounds must be met, and the process itself can be complicated. Here’s what you need to know about the legal reasons for contesting a will, the steps involved, and what to expect if you take this path.
To challenge a will in court, you must have valid legal grounds. Courts won’t consider a case simply because someone feels a will is unfair. Here are the primary reasons a will may be contested:
The process of contesting a will involves multiple legal steps. It’s essential to act quickly, as there are strict deadlines, and missing them could mean losing your right to challenge the will.
One of the most common challenges to a will is arguing that the testator lacked the mental capacity to create it. To prove this, you may need:
California courts follow the standard that a testator must understand the nature of their assets, the people who would typically inherit, and the consequences of their decisions. If they lacked this understanding, the will could be invalidated.
Undue influence occurs when someone pressures or manipulates a vulnerable person into changing their will. Signs of Undue Influence include:
Courts look for evidence that the testator wasn’t acting freely. Witness statements, financial records, and communications between the testator and the alleged influencer can be used to prove undue influence.
Proving a will was forged or fraudulently altered can be challenging, but it’s possible with the right evidence. Common signs of fraud include:
Contesting a will is not a DIY legal process. An inheritance disputes lawyer can provide essential guidance by:
Since probate laws vary by state, having an attorney familiar with California’s specific rules can make all the difference in the outcome of your case.
Every state has a statute of limitations for will contests. Under California Probate Code PROB § 8270, a challenge must be filed within 120 days after the will has been admitted to probate. Acting fast is crucial—if you miss this deadline, you lose the right to contest the will, no matter how strong your case is.
Will contests are challenging, but with the right guidance, they can be traversed smoothly and successfully. By understanding the legal grounds for trust disputes, the filing process, and the critical time limits, you’ll be better prepared to make informed decisions when faced with the possibility of contesting a will.
If you’re ready to take the next step or need guidance tailored to your unique situation, contact our experienced will and estate attorneys today.
Typically, individuals who stand to inherit under a previous will or those who would inherit under state law if the will is invalid can contest it.
A will can be deemed invalid if it wasn’t executed properly, if the testator lacked mental capacity, or if it was forged or coerced.
The cost to contest a will varies widely, depending on the complexity of the case and legal fees, but it can range from a few hundred to several thousand dollars.
