Can I Contest a Handwritten Will

Emily just discovered a holographic will tucked inside her mother’s antique sewing box. It was entirely in her mother’s handwriting, dated a month before she passed, and completely disinherited Emily’s brother, David. While California does recognize handwritten wills – called holographic wills – they are subject to much higher scrutiny than those typed and formally witnessed. Emily is understandably panicked, fearing David will take everything, and understandably questioning whether she can do anything to stop it. Losing a significant inheritance due to a questionable will isn’t uncommon, and the cost of inaction can be devastating.

What Makes a California Holographic Will Valid?

California Probate Code § 6110 defines a holographic will as one entirely written in the testator’s own hand and signed by them. Crucially, it doesn’t require witnesses. However, this convenience comes with a price. The entire will must be handwritten; no pre-printed forms or typing are allowed. Even a single typed word can invalidate the entire document. More importantly, the handwriting must be demonstrably your mother’s.

Proving the Will is Authentic: The Handwriting Analysis

This is where things get tricky. David will likely submit the will to probate, and the court will need to verify its authenticity. He’ll likely present the will as a fait accompli, leaving you to challenge it. We’ll need to engage a qualified forensic handwriting expert to compare the signature and handwriting on the will to known samples of your mother’s writing—old letters, cards, bank documents, anything we can find. The expert will look for inconsistencies, tremors, or any indication that someone else penned the document. The cost of this analysis typically runs between $2,000 and $5,000, depending on the complexity and the amount of comparison material available.

What if the Will Wasn’t Fully Handwritten?

If even a portion of the will is pre-printed or typed, it’s invalid, period. This often happens when people attempt to modify a pre-existing will with handwritten notes. A partial handwritten addition won’t save it. We’ve seen cases where a testator started with a fill-in-the-blank form, added a few handwritten clauses, and the entire will was tossed out. Don’t assume a “mostly handwritten” will is sufficient.

Can I Contest the Will if My Mother Didn’t Have the Mental Capacity?

Just because a will is handwritten doesn’t mean your mother was of sound mind when she created it. Probate Code § 6100.5 sets a relatively low bar for testamentary capacity in California. However, if we can demonstrate she suffered from dementia, Alzheimer’s, or another condition that impaired her understanding of what she was doing, we can challenge the will. This requires medical records, deposition testimony from her doctors, and potentially, testimony from family and friends who observed changes in her mental state. We will need to establish she lacked the ability to understand the nature of the testamentary act, the nature of her property, or her relationship to living family members, or was suffering from a delusion that influenced her decisions.

What if David Unduly Influenced My Mother?

Even if the will is validly executed and your mother had some capacity, it can still be contested if David exerted undue influence over her. This is particularly relevant if David was her caregiver, controlled her finances, or isolated her from other family members. Probate Code § 21380 creates a presumption of undue influence if a gift is made to a caregiver. We would need to show David coerced your mother into changing her estate plan, overriding her own wishes.

What if David Committed Forgery or Fraud?

If we suspect David forged your mother’s signature or lied to her to convince her to change her will, we have grounds for a contest. Proving execution fraud (a forged signature) often requires a forensic handwriting expert. Proving inducement fraud (lying to the testator) requires evidence that David made false representations that your mother relied on to her detriment. For example, if David told her, “Emily is stealing from you,” and she changed her will based on that lie, we could have a strong case.

The 120-Day Clock is Ticking

Finally, and critically, California law imposes a strict deadline for contesting a will. Probate Code § 8270 states that 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.

As an estate planning attorney and CPA with over 35 years of experience in Escondido, California, I understand the emotional and financial stress of will contests. My CPA background provides a unique advantage; I can quickly assess the potential tax implications of a contested will—including the crucial step-up in basis, capital gains taxes, and property valuation—to ensure you’re making informed decisions. Don’t delay. If you suspect a handwritten will is invalid, time is of the essence.

What separates an efficient California probate process from a drawn-out conflict over authority and assets?

California probate is designed to provide court-supervised transfer of property, yet cases often break down when authority is unclear, required steps are missed, or disputes arise over assets, notice, and fiduciary conduct. When the process is misunderstood, families can face avoidable delay, escalating conflict, and increased exposure to creditor issues, hearings, or litigation before the estate can close.

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.