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Contesting a Will in California: Key Steps and Tips

Posted by William O. London | Oct 21, 2024 | 0 Comments

Will being contested in court

Contesting a will in California. It's a situation nobody wants to think about, but when emotions run high after a loved one's passing, sometimes this legal process is unavoidable.

While California law respects the final wishes outlined in a will, certain situations may raise valid concerns about the document's legitimacy. It is important to note that successfully contesting a will isn't about getting a larger slice of the inheritance pie if you were unhappy with what you received. Instead, it's about ensuring that the deceased person's true intentions are honored when there's evidence they might not have been at the time the will was created or amended.

Table of Contents:

Grounds for Contesting a Will

California Probate Code outlines several legal grounds upon which interested parties can challenge a will's validity.

Here are the most common situations:

Lack of Testamentary Capacity

This is a commonly cited reason for contesting a will. It hinges on whether the deceased person (the testator) was of sound mind when they signed their will. Were they fully aware of the assets they possessed and the individuals who would be impacted by their decisions?

If, for instance, medical records or eyewitness accounts reveal that the testator suffered from dementia, Alzheimer's, or another condition affecting their cognitive abilities at the time of signing, the will's validity could be questioned. A good estate planning attorney will be able to gather evidence to help with a lack-of-capacity claim.

Keep in mind, just because someone is of advanced age, considered feeble, or perhaps a little eccentric does not automatically mean they lacked the capacity to create or modify a will. The court would require clear and compelling evidence that their cognitive impairment directly impacted their understanding and decision-making when it came to their will.

Undue Influence

Sadly, situations arise where an individual might take advantage of a vulnerable person, pressuring them to change their will in their favor. This is called undue influence, and it's often a factor when there's a power imbalance, like with a new spouse, a caregiver, or even a close family member.

These cases can get tricky, as proving someone coerced the testator into making certain decisions can be challenging. Undue influence may involve convincing the deceased to change beneficiaries or alter the distribution of assets to benefit the person applying pressure.

Imagine a scenario where a new spouse isolates an elderly person from family and friends, controlling their finances and access to information. If there's a sudden shift in the will's provisions in favor of that spouse, undue influence could be suspected. However, suspicion alone isn't enough; clear and convincing evidence is required.

Fraud

Cases involving fraud are less frequent but often hinge on the suspicion that someone might have forged a signature or presented a doctored will altogether. Imagine discovering that a beneficiary, driven by greed or resentment, swapped your parent's actual will with one they created themselves - that's outright fraud.

To successfully contest this, it's essential to work with an experienced attorney who can help navigate the complexities of the case. Presenting solid, irrefutable evidence is critical, and expert analysis of the document may be necessary to uncover discrepancies or inconsistencies that indicate falsification. 

Improper Execution

This pertains to technical errors or non-compliance with legal requirements when drafting or signing the will. Maybe the will wasn't signed in front of witnesses, or perhaps one of the witnesses had a conflict of interest, rendering the document void.

Such technicalities are often the grounds on which probate litigation focuses.

The Existence of a More Recent Will

Imagine discovering a will your parent drafted before a significant life event like a remarriage. If the will they signed before their passing predates that life change, and a new one was never created, the previously signed document would be deemed valid in court unless successfully challenged.

It's important to remember that a more recently drafted will should supersede all previous versions.

The Timeline for Contesting a Will in California

California law has strict timelines governing how long you have to file a will contest. For those wondering "Can I contest my parent's will in California?" – it's essential to act swiftly. You have two primary opportunities to initiate a contest.

First, you can object before the will has been officially accepted into probate, often possible by objecting at the initial probate hearing. This is the preferred timing, as it gives you a window to gather the necessary documentation and expert testimonies to support your claim. You'd want to present yourself, with legal counsel, at this initial hearing and state your intentions to contest the will.

Keep in mind though; courts aren't there to completely overturn a deceased person's last will and testament without just cause. Second, if you miss the initial window before probate is granted, California grants interested parties 120 days after a will is admitted to probate. In the legal world, these deadlines, known as the "statute of limitations,” require acting promptly.

Failing to act within these timeframes could make challenging a will in California impossible. For instance, let's say you just discovered evidence supporting your claim after the will has already gone through probate. Sadly, if you miss the 120-day deadline, you've essentially missed your chance to pursue a legal challenge, even with a strong case.

Who Can Contest a Will in California?

California Probate Code defines "interested parties" who hold the legal right to challenge a will. Generally, this includes:

  • Beneficiaries explicitly named in the will, be it the most recent one or a prior version. For instance, a sibling who was left a significantly smaller portion in a later version of a parent's will would qualify.
  • Legal Heirs determined by California's intestacy laws when there's no valid will. This includes immediate family such as a surviving spouse, children, or parents.
  • Creditors to whom the deceased person owed money, such as a bank or lender.

It is important to note, however, that if an interested party seeking to contest a will had actual notice of another party's will contest in time to have joined the contest, and yet failed to do so, they may be barred from contesting the will after it is admitted to probate pursuant to California Probate Code section 8270(a).

Conclusion

Contesting a will in California involves in-depth knowledge of the legal system. With the support of a skilled legal team and a strong case, you'll be better equipped to handle these challenges. It's highly recommended that anyone considering contesting a will seek professional legal advice.

Give us a call or send us a message through our contact form today.

About the Author

William O. London

William “Bill” London is a founding partner of Kimura London & White LLP and focuses his practice on business, real estate, trusts & estates law, family law and mediation services. Mr. London is a "Lawyers of Distinction" and "America's Top 50 Lawyers" award recipient, and has counseled high-profile clients on multi-million dollar projects, closely collaborating with them to achieve their goals. Above all, clients value Mr. London for his responsibility, loyalty, and integrity.

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