Burden of Proof in a Will Contest

Roger lost everything. Not because his mother’s will was inherently unfair—she had the right to leave her estate to whomever she pleased—but because he waited too long to challenge it. He’d suspected his new stepdad, a man he barely knew, had unduly influenced her in the final weeks of her life. By the time Roger hired an attorney, the 120-day window to file a petition had closed, and the will stood, locking him out of a substantial inheritance.

As an estate planning attorney and CPA with over 35 years of experience, I see these situations far too often. People assume a will is automatically valid simply because it’s signed and witnessed. But a will contest can be successful, and a CPA’s insight into asset valuation and the step-up in basis is invaluable in these fights, especially when complex assets are involved.

What does it take to actually win a will contest?

The biggest hurdle is understanding the burden of proof. California law doesn’t make it easy to overturn a properly executed will. You, as the challenger, bear the responsibility of proving your case. This isn’t a criminal trial; it’s a civil matter, and the standard of proof is generally a “preponderance of the evidence”—meaning more likely than not. This means the evidence you present must be convincing enough that a judge believes your version of events is more probable than not.

What are the common grounds for contesting a will?

• Lack of Testamentary Capacity: This means your loved one didn’t understand what they were doing when they signed the will. Probate Code § 6100.5 defines this standard; it’s lower than you might think. We’re not necessarily looking for complete dementia, but whether they grasped the nature of the act, their property, and their relationships.
• Undue Influence: This is where someone pressured or coerced your loved one into changing their will. Probate Code § 21380 creates a presumption of undue influence if the change benefits a caregiver. This shifts the burden to the caregiver to prove they didn’t exert improper pressure.
• Fraud or Forgery: This is often the most difficult to prove. It’s crucial to distinguish between execution fraud (a forged signature) and inducement fraud (lying to the testator to manipulate their decision).
• Improper Execution: The will wasn’t signed and witnessed correctly, violating California’s strict rules.

Who can even bring a will contest?

You can’t just challenge a will because you’re unhappy with it. You must have “standing”—meaning you’re an “interested person” under Probate Code § 48. This generally means you would financially benefit if the current will is overturned. A disinherited child, or a beneficiary named in a previous version of the will, would typically have standing.

What happens if I miss the deadline?

This is where Roger went wrong. Once the will is admitted to probate, interested parties have a strict 120-day window to file a petition to revoke probate. If you miss this deadline, the will is generally locked in stone, even if it was forged or signed under duress.

Contesting a will is complex and requires careful analysis of the facts, a thorough understanding of California probate law, and often, expert testimony. Don’t delay—if you have concerns, it’s best to consult with an attorney as soon as possible.

What causes California probate cases to spiral into delay, disputes, and extra cost?

The path through California probate is rarely a straight line; it requires precise adherence to statutory deadlines, accurate asset characterization, and strict fiduciary compliance. Without a clear roadmap, what begins as a standard administrative proceeding can quickly dissolve into a costly battle over interpretation, valuation, and beneficiary rights.

To initiate the case correctly, you must connect the filing steps through how to file for probate, confirm the location using jurisdiction and venue issues, and ensure no interested parties are missed by strictly following notice of petition rules.

California probate is most manageable when authority is documented early, assets are classified correctly, and procedure is followed consistently from petition through closing. When the process is approached with realistic expectations about notice, claims, accounting, and dispute risk, the estate is more likely to move toward closure without avoidable conflict or delay.

Verified Authority on California Will Contests

• The 120-Day Statute of Limitations: California Probate Code § 8270
  Time is the enemy in a will contest. Under Section 8270, an interested person may petition the court to revoke the probate of a will, but this petition MUST be filed within 120 days after the will is admitted. Missing this deadline is usually fatal to the case.
• Mental Competency Standard: California Probate Code § 6100.5 (Unsound Mind)
  This statute defines exactly what “mental incompetency” means in probate. It is not just general forgetfulness; the contestant must prove the deceased did not understand the nature of the testamentary act, could not recollect their property, or was suffering from a specific hallucination or delusion that dictated the will’s terms.
• Presumption of Undue Influence (Caregivers): California Probate Code § 21380
  To protect vulnerable seniors, California law automatically presumes undue influence if a will leaves assets to a paid care custodian or the lawyer who drafted the instrument. This shifts the heavy burden of proof onto the accused to prove their innocence.
• No-Contest Clause Enforceability: California Probate Code § 21311
  Many wills contain threats to disinherit anyone who challenges them. This statute limits the power of those clauses. A beneficiary cannot be penalized for a contest if the court finds they had “probable cause” to file the lawsuit.
• Standing to Contest: California Probate Code § 48 (Interested Person)
  Not everyone can sue. To contest a will, you must qualify as an “interested person”—typically an heir who would inherit under intestate succession (if there were no will) or a beneficiary named in a prior valid will.
• Financial Elder Abuse Remedies: California Probate Code § 859 (Double Damages)
  Will contests often overlap with elder abuse claims. If the court finds that a person used undue influence, fraud, or bad faith to take assets (or change a will) to the detriment of the estate, they can be liable for twice the value of the property taken, plus attorney fees.