Can I Contest a Will in California

Emily received a devastating phone call: her father, recently diagnosed with Alzheimer’s, had passed away. Even worse, a new will had been signed just weeks before his death, completely disinheriting her in favor of his new caregiver, a man she barely knew. Emily believed her father lacked the mental capacity to understand what he was doing, and that the caregiver had manipulated him. The cost of failing to act quickly? Losing her rightful inheritance – potentially exceeding $500,000 – and the peace of mind knowing her father’s wishes were truly honored.

As an estate planning attorney and CPA with over 35 years of experience here in Escondido, California, I’ve seen scenarios like Emily’s far too often. Contesting a will is complex, emotionally draining, and requires a thorough understanding of California’s probate laws. It’s not simply about disagreeing with the document; you need a legally valid reason, and you need to act fast.

What Grounds Are Sufficient to Contest a Will?

California allows you to challenge a will on several grounds, but here’s a breakdown of the most common ones:

Lack of Testamentary Capacity: This is a frequent challenge when the testator (the person who wrote the will) suffered from dementia, Alzheimer’s, or another condition impacting their mental faculties. Probate Code § 6100.5 defines the standard. It’s lower than many people think; the testator doesn’t need to be perfectly lucid, but they must have understood they were signing a will, the nature of their property, and their relationship to their family.

Undue Influence: This occurs when someone exerted excessive control over the testator, essentially coercing them into making decisions they wouldn’t have otherwise made. This often involves caregivers, family members with power imbalances, or individuals with financial motives. Probate Code § 21380 creates a presumption of undue influence when a gift is made to a care custodian.

Fraud: This requires proving the testator was deliberately misled, leading them to change their will. There are two main types: Execution Fraud (a forged signature) and Inducement Fraud (lying to the testator to influence their decisions). Proving a signature is fake often requires a forensic handwriting expert, whereas proving fraud in the inducement requires evidence that the testator relied on a lie (e.g., ‘your son is stealing from you’) to change their estate plan.

Forgery: This is a straightforward challenge – proving the signature on the will isn’t authentic. Again, expert testimony is often crucial.

Improper Execution: California law requires specific formalities for a will to be valid, including two witnesses present when the testator signs. A flawed execution can invalidate the entire document.

What is the Time Limit for Contesting a Will? (The Ticking Clock)

This is critical. 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. This isn’t a negotiation window; it’s a hard cut-off date.

Who Has “Standing” to Contest a Will?

You can’t just contest a will because you think it’s unfair. You must be an ‘interested person’—meaning you would financially benefit if the current will is overturned (e.g., a child disinherited by a new will, or a beneficiary named in a previous version). Spouses, children, and other potential heirs typically have standing. Probate Code § 48 outlines the specific requirements.

What Happens if I Win a Will Contest?

If you successfully challenge a will, the court will typically reinstate a prior will or, if no prior will exists, distribute the estate according to California’s intestacy laws (which dictate how assets are divided when someone dies without a will). You may also be able to recover attorney fees and other costs.

The CPA Advantage: Understanding Step-Up in Basis and Capital Gains

As a CPA as well as an attorney, I bring a unique perspective to will contests. The value of an estate isn’t just the assets themselves. It’s also the tax implications. A properly contested will can protect the step-up in basis of assets, minimizing capital gains taxes when the estate is ultimately settled. For example, if a home is valued at $1 million, a successful contest can mean avoiding significant capital gains taxes that would be triggered if the home were sold by an heir. Properly valuing the estate and understanding these tax implications is crucial, and that’s where my dual expertise provides a significant advantage.

What Should You Do if You Suspect a Will Is Invalid?

Don’t delay. Gather any evidence supporting your claim (medical records, emails, witness statements, financial documents). Then, immediately consult with an experienced estate planning attorney. The 120-day clock is ticking, and a swift response is essential to protect your rights.

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

Success in probate court depends less on the size of the estate and more on the accuracy of the petition and the behavior of the fiduciary. Whether the issue is a forgotten asset, a contested creditor claim, or a disagreement among siblings, understanding the procedural triggers for court intervention is the best defense against prolonged administration.

Ultimately, the difference between a routine distribution and a protracted legal battle often comes down to preparation. By anticipating the demands of the Probate Code and addressing potential friction points with beneficiaries and creditors upfront, fiduciaries can navigate the system with greater confidence and lower liability.

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.