When a loved one passes away, disputes over their estate can add stress to an already emotional time. In California, not every will is automatically accepted as valid. Under certain circumstances, a will may be challenged in probate court. Understanding the legal grounds for contesting a will can help beneficiaries and family members protect their rights.

At The Stone Law Group, we provide legal assistance to the San Diego public in estate and probate matters, including will contests.

Lack of Testamentary Capacity

One of the most common grounds for contesting a will in California is lack of testamentary capacity. The person who created the will (the “testator”) must have been of sound mind at the time the document was signed.

In general, this means the testator must have understood:

• The nature of making a will
• The extent of their property
• Who their natural heirs are
• How the will distributes their assets

If the testator suffered from advanced dementia, severe mental illness, or cognitive impairment at the time of signing, the will may be invalid.

Undue Influence

Undue influence occurs when someone exerts excessive pressure on the testator, effectively overriding their free will. This often involves a caregiver, family member, or trusted individual who manipulates the testator into changing their estate plan for personal benefit.

California courts look at factors such as:

• The vulnerability of the testator
• The influencer’s authority or control
• Sudden or unusual changes to the will
• Whether the influencer benefited significantly

If a will was the result of coercion rather than genuine intent, it may be set aside.

Fraud or Forgery

A will may also be contested if it was procured through fraud or if the document was forged. Fraud can occur if someone intentionally misrepresents facts to the testator to influence how assets are distributed.

Forgery involves falsifying the testator’s signature or altering the document after it was signed. These serious allegations require substantial evidence, but if proven, they can invalidate the will entirely.

Improper Execution

California law has specific requirements for a valid will. In most cases, the will must:

• Be in writing
• Be signed by the testator
• Be witnessed by at least two individuals

If these formalities are not properly followed, the will may be deemed invalid. Even small technical errors can lead to disputes during probate.

Revocation or Existence of a Newer Will

A will can also be challenged if there is evidence that the testator revoked it or created a newer valid will. California recognizes revocation by:

• Physical destruction (such as tearing or burning the document)
• Creating a subsequent will that replaces the earlier one

If multiple versions exist, the court will determine which document reflects the testator’s final intent.

Who Can Contest a Will in California?

Not just anyone can challenge a will. Typically, only “interested parties” have standing. This may include:

• Beneficiaries named in the current will
• Individuals named in a prior will
• Heirs who would inherit under California intestacy laws

A will contest must generally be filed within strict time limits during the probate process, so prompt legal guidance is important.

Protecting Your Rights in a Will Contest

Contesting a will is a complex legal process that requires strong evidence and a clear understanding of California probate law. Whether you believe a will is invalid or you need to defend against a challenge, legal representation can make a significant difference.

At The Stone Law Group, we provide legal assistance to the San Diego public in navigating will contests and probate disputes with care and dedication.