Disputes over trusts and wills are more common than many people realize. When questions arise about whether a document is valid or truly reflects someone’s final wishes, California law provides a way to challenge it. Understanding the process of contesting a trust or will, from gathering evidence to filing in court, can help you decide whether moving forward is the right choice.
Step 1: Consult With an Estate Litigation Attorney
Before taking any formal action, the first step is to meet with an attorney who handles trust and will disputes in California. We will review the document, listen to your concerns, and evaluate whether you have legal grounds to bring a contest. This conversation also helps you understand your options and the potential risks and benefits of filing.
Step 2: Gather Key Documents and Evidence
Building a case requires documentation. You should collect:
- The trust or will in question, including any amendments or codicils
- Medical records that may show the decedent’s mental capacity at the time of signing
- Correspondence or notes related to the drafting or execution of the document
- Names of witnesses or other individuals who may have relevant information
The more details you can provide, the better prepared your attorney will be to evaluate the strength of your claim.
Step 3: Understand Grounds for Contesting a Will or Trust
Not every dispute will justify a legal challenge. In California, common grounds include:
- Lack of capacity – the person did not understand what they were signing
- Undue influence – another person pressured or manipulated the signer
- Fraud or forgery – the document was altered, faked, or signed under false pretenses
- Improper execution – the will or trust does not meet California’s legal requirements for validity
- Mistakes or ambiguity – errors in the document that affect distribution
Your attorney will help match the evidence you provide to one or more of these legal grounds.
Step 4: File a Petition With the Probate Court
If your case appears valid, the next step is filing a formal petition in the appropriate California probate court. The court location depends on where the estate is being administered. The petition outlines your claims and asks the court to determine whether the trust or will should be set aside in whole or in part.
Step 5: Provide Notice to Interested Parties
After filing, you must give proper notice to all individuals who may be affected by the outcome. This includes beneficiaries, heirs, trustees, personal representatives, and anyone else with a legal interest. Notice ensures transparency and gives all parties the chance to participate in the case.
Step 6: Explore Mediation or Settlement Options
Many California probate courts encourage mediation before a case goes to trial. Mediation allows parties to meet with a neutral third party to explore potential settlements. While not always successful, mediation can save time, reduce costs, and avoid prolonged litigation.
Step 7: Prepare for Trial if Necessary
If mediation fails, the case proceeds to trial. At this stage, both sides present evidence, witnesses testify, and the judge makes a ruling. Contested trust and will trials can be highly fact-specific, so thorough preparation and effective representation are crucial.
Why Legal Representation Matters
Contesting a will or trust in California is a complex court process with deadlines, procedural rules, and evidentiary standards. Having an attorney by your side means you have someone to advocate for your interests, protect your rights, and present your case effectively.
At OC Trial Group, APC, we represent individuals and families in estate disputes across California. Whether you are questioning a will in Orange County or disputing a trust in Los Angeles, we will guide you through each step of the process and fight for a fair outcome.
Taking the First Step Toward Protecting Your Rights
Starting a will or trust contest in California requires careful preparation and timely action. From gathering documents to filing in court, every step is significant. If you are considering a contest, contact OC Trial Group, APC, for a consultation. We will review your case and help you decide the best way forward.