Reasons to Contest a Will in California: What to Know

Can Someone Contest a Will?

Yes, a will can be contested in California, but it is not a simple process. Contesting involves challenging the validity of a will during probate, essentially asking the court to declare that the will is not legally valid. This step can be taken by interested parties who stand to benefit or lose from the will’s terms, such as potential beneficiaries or heirs.

Reasons for Challenging a Will

The most common grounds for contesting a will include:

• Lack of Capacity: The testator (the person who made the will) was not of sound mind at the time of writing the will, meaning they did not understand the consequences or the nature of their property.
• Undue Influence: The testator was coerced or manipulated by another person into making the will, which did not reflect their true intentions.
• Fraud: The will was procured by deceit, meaning the testator was misled or lied to which affected the will's provisions.
• Improper Execution: The will was not executed in accordance with California law, which requires specific formalities.

Can a Beneficiary Contest a Will?

A beneficiary can contest a will if they believe there is valid ground to do so. Beneficiaries might challenge a will if, for example, they suspect undue influence or lack of capacity at the time the will was made. It is important for interested parties to have sufficient evidence to support their claims when contesting a will.

Timelines for Contesting a Will in California

The timeline to contest a will is strictly governed by legal deadlines. Typically, once a will is admitted to probate, a petition to contest it must be filed within 120 days. However, starting the process as soon as possible is advisable to ensure you do not miss critical deadlines.

If you have concerns about the validity of a will, we encourage you to consult with our experienced attorneys to discuss your options. Our team is here to provide compassionate and detail-oriented guidance through this complex process. Contact us today for a consultation.