Can You Contest a Will in California?

In most cases, a “last will and testament” is a true reflection of the deceased person’s wishes. However, there are, sometimes, legitimate concerns around whether a will is valid. In such cases, you might wish to challenge the validity of the will.

Under California law, you may be able to challenge a will if you have the legal grounds for doing so. But what are the grounds for contesting a will, and who can actually make a claim? Our estate planning attorneys answer these questions and more below.

Who Can Contest a Will in California?

You can challenge a will’s validity in CA if you are an “interested person”. Meaning, you have a claim against the deceased’s estate, or you are directly affected by the will. California probate law defines “interested persons” as including:

• Heirs
• Children
• Spouses
• Beneficiaries
• Creditors

This means that it’s not just family members who might challenge a will. Anyone with a legal interest – including executors – can do so.

When Can You Contest a Will?

You need legal grounds to challenge a will’s validity. The most common grounds include:

• Capacity: The deceased person was not of a sound mind e.g. they had dementia at the time of signing the will.
• Undue influence: A person manipulated, or pressured, the deceased into writing the will in a certain way.
• Fraud: Someone tricked the deceased person into making the will and naming them as a beneficiary.
• Multiple wills: There is a more recent will that is the true reflection of the deceased person’s wishes.

Evidence Needed to Contest a Will

The onus is on the person making the challenge to show why the will is invalid. This means you will need evidence to support your claims. Evidence can include:

• Medical records
• Prior wills
• Witness statements
• Diary entries of the deceased (may help to prove undue influence)

The evidence you need depends on your legal grounds for challenging the will. Our estate planning attorneys will explain what evidence is required and how to build a case.

How Long Do You Have to Contest a Will?

You can challenge a will the moment a person dies. The process to follow depends on whether the probate process is yet underway.

• Before probate opens: Before probate, the court has not yet declared the will valid. You can challenge the will by filing a petition with the court.
• After probate opens: After probate begins, the court has accepted the will as being valid. The process for challenging the will is more complex. However, it is still possible with an experienced attorney on side.

Typically, you will be required to formally petition the court to contest the will. At any hearing, you will have the opportunity to present evidence, including legal documents, to support your case.

Can You Contest a Will After Probate?

Yes. Strict time limits apply, though.

Once probate begins, you have 120 days to contest a will in California. After this time limit elapses, you may be out of time to make a claim. This is the case even if you have strong grounds for challenging the will’s validity.

Get Help from an Experienced Probate Attorney

Challenging a will is no easy task. However, an estate planning attorney can help. Attorney Alice Salvo has the experience to explain how you might challenge a will. To understand the options, it would be advisable to contact a probate litigation lawyer. Our firm does not handle litigation cases.

Schedule a meeting to discuss matters by leaving us a note or calling us.