If you are a California resident who feels you were unfairly provided for or disinherited by someone’s will, you may be considering challenging it. In order to do this you must be an interested party. This means that you must be either a family member of the deceased who would have inherited from him or her had there been no will or a non-family member who had reasonable expectations of inheriting from him or her.
For instance, you may know of a previous will that the decedent made in which you were mentioned. In such event you must find the original, not a copy, of it and prove that the decedent never rescinded it. In other words, you must prove that the later will in which you are not mentioned, or under which you inherit less than in the previous will, is invalid.
Conversely, you may know of a will that the decedent made subsequent to the will in question in which he or she provided for you. In this situation you must find the original of the later will and prove that the decedent rescinded the will in question when he or she executed this later one.
Other reasons to challenge a will
There are other reasons why you may be able to successfully challenge the will that fails to provide for you. Generally, successful will challenges are based on one or more of the following: