How Do You Challenge a Will in California?
After a loved one dies, there can be unexpected stress over financial matters. This can happen if a will does not seem to reflect the person’s true intentions. So, how do you challenge a will?
In California, the law allows certain people to challenge a will, but you need careful planning, attention to deadlines, and solid evidence. Here is a look at your rights and the steps involved in managing this situation within your family.
Why You May Need to Challenge a Will in California
California law recognizes that a will may not always reflect the testator’s true intentions. A challenge is known as a will contest. In short, this is an argument that the will should be invalidated or adjusted. Some of the most common reasons include:
Lack of Testamentary Capacity
The testator must have been mentally capable at the time of signing the will. That means they understood the nature of their property, who might inherit, and the effect of signing the will.
Undue Influence
If someone coerced or manipulated the testator into signing a will that benefits them unfairly, the will may be challenged in court. Courts look at unusual changes in the estate plan.
Fraud or Forgery
A will may be invalid if it was created through deception or signed without the testator’s knowledge. This can include situations where someone misrepresented facts or tricked the testator.
Improper Execution
A California will must be in writing and signed by the testator. Along with that, this needs to be witnessed by at least two people who are present at the same time. If these rules were not followed, the will could be invalid.
Revocation
A testator can revoke a will by creating a new one, destroying it, or indicating an intent to cancel it.
Who Can Challenge a Will in California?
Not everyone can challenge a will. Many times, these people have a direct financial interest in the estate. These parties can include:
- Heirs who would inherit if there were no will.
- Beneficiaries named in an earlier will but excluded from the current one.
- Spouses or domestic partners, who may have rights under California community property laws.
California also has strict deadlines. A will contest must be filed within 120 days of the will being admitted to probate. If you miss this window, it can prevent you from challenging it unless there are exceptional circumstances.
Steps to Challenge a Will in California
Unfortunately, if you want to challenge a will, you need to follow a strict legal process. This can include:
Consult a California Probate Attorney
The first step is to consult with a lawyer who has experience in California probate law. They can evaluate whether you have grounds to contest the will. Plus, they can explain your legal options and help you meet deadlines.
File a Will Contest in Probate Court
If your lawyer advises you to move forward, you can file a petition in the probate court where the estate is being administered. In the petition, you will lay out your claims and legal arguments for why the will should be invalid.
Collect Evidence
Strong evidence is important for these challenges. Depending on your claim, this could include:
- Medical records or expert opinions showing incapacity.
- Witness testimony about undue influence or coercion.
- Copies of prior wills for comparison.
- Letters, emails, or other communications showing fraud or manipulation.
Consider Mediation or Settlement
Many will contests in California are resolved outside of court. Mediation allows parties to negotiate a settlement with a neutral third party. Many times, this can save time, money, and family stress.
Trial
If a settlement is not possible, the case goes to trial. California courts try to honor the testator’s intent. However, judges will overturn a will if there is convincing evidence of incapacity, fraud, undue influence, or improper execution.
If you are successful, a will contest in California may result in the entire will being invalidated. That means prior wills or intestate succession could determine distribution. Sometimes, only certain provisions are invalidated, with the rest of the will remaining intact.
We Can Help You Challenge a Will
Challenging a will in California is a serious legal issue. If you suspect a will does not reflect the deceased’s true intentions, you will want to consult with an experienced California probate attorney.
At California Probate, we can assist with this complicated process. We provide professional guidance to make this emotionally charged process much more manageable. Schedule a consultation with our office today.