Contesting a will in California is a legal process that can alter the distribution of an estate if it is proven that the will is invalid. You cannot contest a will unless you have the legal grounds to do so, and you need sound evidence to support your claim. In this blog, we will discuss what contesting a will entails, the grounds for contesting a will, the evidence needed for your claim, and more.
Grounds for Contestation
As outlined in California Probate Code § 8252, a person can contest a will on the following grounds:
- Lack of testamentary capacity. This occurs when the testator (i.e., the person who created the will to dictate the distribution of the estate) lacks the mental capacity to understand the nature of their actions, the property being disposed of, or the individuals involved in the will. To establish this ground, it is necessary to demonstrate that the testator was unable to comprehend the significance of their actions or make rational decisions.
- Undue influence. This arises when another person exerts control over the testator's decisions, coercing them into making a will that does not reflect their true wishes. To prove undue influence, it is typically necessary to show that the testator was susceptible to influence, the alleged influencer had an opportunity to exert influence, the testator's will deviated from their previously expressed intentions, and the influencer benefited from the terms of the will.
- Fraud. This occurs when someone makes false representations to induce the testator to make a particular disposition in their will. To establish fraud, it is necessary to demonstrate that the testator relied on false information provided by another person and that this information materially affected the terms of the will.
- Duress. This arises when someone threatens or coerces the testator into making a specific disposition in their will. To prove duress, it is necessary to show that the testator was subjected to unlawful threats or coercion that compelled them to make a will against their wishes.
- Mistake. This occurs when the testator makes an error in the terms of their will. To establish a mistake, it is necessary to demonstrate that the testator's intent was clear but that the language of the will does not accurately reflect that intent.
- Improper execution. California law requires specific formalities for a will to be valid, including being signed by the testator and witnessed by at least two individuals. Any deviation from these requirements may render the will invalid, which is why you should consult with an attorney when drafting or revising your will.
- Revocation. This ground can be exerted in cases where the testator redrafted their will, which revokes their prior will. To establish revocation, it is necessary to demonstrate that the testator had the intent to revoke the will and that they took appropriate actions to revoke it, such as destroying the will, crossing it out, or executing a new will that revokes the previous one.
To successfully contest a will, the contestants must show that the grounds for the challenge are well-founded and supported by evidence.
Evidence Needed to Contest a Will
The contestants have the burden of proof in these cases. To support (or object to) the grounds for the contestation, you can use the following evidence:
- The decedent’s medical records. These can provide evidence of cognitive decline, mental illness, or other conditions that might affect testamentary capacity. Medical records can also include information on formal diagnoses.
- Medical testimony from an expert. Psychiatrists or neurologists can assess the testator's mental capacity.
- Other expert testimony. You can retain experts to review the will and other evidence to see if they can help support your contestation. For instance, a forensic expert can analyze writing and signatures to determine authenticity.
- Testimony of signed witnesses. They can speak on whether they noticed any signs of stress, pressure, or unwillingness to sign (in cases involving undue pressure).
- Testimony from those in the decedent’s life. Family, friends, attorneys, and other parties can talk about what they observed concerning the testator’s mental state, behavior, and relationships.
- Financial records. Bank statements, credit card records, and investment accounts can show unusual or unexplained transactions that might indicate undue influence or fraud. Other changes in asset ownership or beneficiary designations can also be evidence of undue influence.
- Documents and letters. These can reveal the testator's intentions and relationships.
In some cases, the following circumstantial evidence can also be used to bolster your claim:
- Isolation from loved ones. If the testator was cut off from family or friends, it might suggest undue influence.
- Unnatural or unreasonable provisions. If the will contains provisions that seem inconsistent with the testator's known wishes or beliefs, it can be suspicious.
- Unusual or hasty execution. If the will was executed under unusual circumstances or without proper legal advice, it might indicate undue influence or fraud.
Contesting a Will: Who Can File?
Any interested person can file an objection and contest a will. Interested people refer to the following parties:
- Beneficiaries who are named or would benefit under the will.
- Heirs at law who would inherit under California's intestacy laws if the will did not exist.
- Creditors who have claims against the estate.
- Individuals who were financially dependent on the deceased.
- The executor of the will.
How Long Do You Have to Contest a Will in California?
Once a will is officially accepted by the court (admitted to probate), anyone with an interest in the will has 120 days to ask the court to cancel its approval. However, this doesn't apply to people who are already involved in a will contest or those who knew about the contest in time to join it. If someone wants to challenge the will, they have until the probate court hearing to file a contestation.
However, it is important to note that you do not have to wait until a will is filed for probate to contest it. If you have a copy of the will, you simply need to bring that to your attorney for the filing.
What to Expect After a Petition Is Filed
Once the petition is filed, all interested parties, including beneficiaries and heirs, must be notified. This ensures that everyone with a potential claim or interest is aware of the proceedings. The contestation process then continues as follows:
- Evidence collection. Work with your counsel to collect and subpoena evidence.
- Completion of evidentiary hearings. The probate court will schedule hearings where both sides can present their evidence and arguments. These hearings are an opportunity for each party to make their case before a judge.
- Administration of a final ruling. After considering the evidence, the court may decide to uphold the will, invalidate it in whole or in part, or make amendments based on the findings. The decision could lead to the will being executed as originally intended, modified, or completely set aside.
Talk with Our Estate Litigation Attorney
At Law Office of Mitchell A. Port, our estate planning attorney has decades of experience in helping clients navigate estate planning and probate matters, including will contestation claims. Our firm is known for being knowledgeable and experienced, as well as for offering one-on-one counsel.
If you are planning on contesting a will, we can help you draft your petition, collect evidence, depose witnesses, and understand the potential outcomes of your claim. Contesting a will requires a sound case strategy and evidence, and with our experience with similar cases and legal knowledge on your side, you can develop a strategy that improves your chances of success.
To request a free consultation, contact us at (310) 526-3433.