A will is supposed to reflect someone’s final wishes. But sometimes, serious legal issues call that document into question. If you believe a will doesn’t accurately represent what your loved one intended, or if something feels off, you may be wondering whether it can be contested.
In California, certain legal grounds allow family members, beneficiaries, or other interested parties to challenge a will. These challenges rely on more than just personal feelings. They require valid legal reasons and evidence to support the claims. Below are five of the most common reasons people challenge a will in probate court.
Lack of Testamentary Capacity
For a will to be valid in California, the person who created it (called the testator) must have been of sound mind at the time it was signed. This is called testamentary capacity. It means the testator understood:
- What it means to make a will
- What property they owned
- Who their heirs were
Age alone doesn’t determine capacity. Some people remain sharp well into their 90s, while others may struggle with cognitive decline much earlier. Conditions like dementia, Alzheimer’s disease, and certain mental illnesses can affect someone’s ability to make clear, informed decisions.
A will can be challenged if there’s credible evidence that the testator lacked capacity when the will was signed. That evidence might include medical records, testimony from doctors or caregivers, or inconsistencies in the will itself.
Undue Influence
Another common reason to challenge a will is undue influence. This occurs when someone pressures or manipulates the testator into changing their will to benefit them. It’s more than just making a suggestion—it involves overpowering the testator’s free will.
Some red flags include:
- A caregiver or new acquaintance suddenly inherits everything
- The testator was isolated from other family members
- There were significant changes to the will late in life
California courts look closely at the relationship between the testator and the person accused of undue influence. If there was a confidential or dependent relationship, the court may presume undue influence and shift the burden to that person to prove otherwise.
Fraud or Forgery
Fraud can take several forms in estate planning. In some cases, the testator may have been tricked into signing a document without knowing it was a will. In others, someone might have forged the signature or altered the contents after the document was signed.
Examples include:
- Swapping pages in the will after it’s signed
- Forging the testator’s signature
- Lying to the testator about what the will says
Challenging a will based on allegations of fraud or forgery usually requires strong evidence. That might include expert handwriting analysis, inconsistencies in the signature, or testimony from those who witnessed the signing.
Improper Execution
California law sets out specific rules for how a will must be executed. If those rules weren’t followed, the will could be found invalid.
Here’s what’s typically required:
- The will must be in writing
- The testator must sign it
- Two witnesses must be present at the same time and sign it as well
Wills that don’t meet these requirements may be challenged on procedural grounds. That includes wills that were signed without witnesses or where the witnesses didn’t actually see the testator sign. While California does allow handwritten (holographic) wills in certain cases, even those must meet legal standards to hold up in court.
A More Recent Valid Will
Sometimes, a will gets challenged not because it’s flawed, but because it has simply been replaced. Under California law, a newer valid will revokes an older one, either directly or by contradiction.
Problems arise when:
- The newer will wasn’t properly stored or recorded
- Family members didn’t know it existed
- There’s disagreement over which will was signed last
When more than one version of a will exists, the probate court must determine which document reflects the testator’s final valid intent. That process can involve comparing dates, signatures, and witness statements, as well as examining whether the newer document meets all legal requirements.
Know Your Options
If you have doubts about the validity of a loved one’s will, it’s important to act quickly. California law limits the time to file a will contest, and waiting too long could mean losing your chance to challenge it.
At OC Trial Group, APC, we help clients throughout Southern California protect their rights in estate and probate matters. If you suspect undue influence, fraud, or something else entirely, contact us today to understand your legal options.