Not every will that gets filed with the court is valid, and California law allows interested parties to formally challenge one under specific circumstances. But courts don’t accept a will contest just because the outcome feels unfair; you need one of a limited set of recognized legal grounds.
The Six Legal Grounds to Contest a Will
California recognizes the following grounds for a will contest:
- Lack of testamentary capacity – The person didn’t understand the nature of their assets, their relationships, or the effect of signing a will at the time they signed it.
- Undue influence – Someone used pressure, manipulation, or coercion to get the testator to create or change the will in their favor.
- Fraud or forgery – The will, or the signature on it, isn’t authentic, or the testator was deceived about what they were signing.
- Improper execution – The will fails to meet California’s formal requirements, such as being properly signed and witnessed by two competent individuals.
- Duress – The testator was threatened or coerced into signing under fear.
- Revocation – A later, valid will exists, replacing the one being offered for probate.
The Filing Deadline Is Strict
In California, you generally have 120 days from when the will is admitted to probate to file a formal contest. However, the strongest legal position is to object before the will is ever admitted, by appearing at the initial probate hearing and raising your objection there. Waiting until after admission puts the burden on you to overturn a decision the court has already made.
Who Has Standing to Contest
Only an “interested party,” typically an heir, a beneficiary under a prior will, or someone who would inherit under intestate succession if the will were invalidated, has legal standing to bring a contest.
What Evidence Courts Look For
Because will contests often hinge on the testator’s mental state or the circumstances surrounding signing, medical records, testimony from witnesses present at signing, correspondence showing pressure from a beneficiary, and expert evaluations of handwriting or capacity are commonly used as evidence.
No-Contest Clauses
Many California wills include a “no-contest clause,” which can reduce or eliminate an unsuccessful challenger’s inheritance. California law limits how these clauses apply, but they add real risk to filing a contest without solid grounds.
Protecting Your Rights
Whether you believe a will doesn’t reflect your loved one’s true intentions, or you’re an executor trying to defend a valid will against a challenge, timing and evidence matter enormously. Michael Kerr can evaluate the specific facts of your situation and explain your realistic options.
