Contesting a will in California isn’t as simple as saying, “I don’t like what’s in it.” There are strict rules involved, deadlines you must observe and legal hurdles to navigate. Whether you were unexpectedly left out or you suspect someone pressured your loved one into making last-minute changes, challenging a will is not easy.
Here’s what you need to know if you’re considering challenging a will in California or defending one.
Not everyone can contest a will
Not just anyone can contest a will. In California. Only interested parties have the legal standing to bring a claim. This includes heirs who would inherit under California’s intestacy laws if the will didn’t exist and beneficiaries named in a previous will who were left out or received less than expected. The court won’t hear your case if you don’t fall into one of these categories.
There are strict deadlines
Time is not on your side if you are considering contesting a will in California. You generally have 120 days from when the executor files the will to the probate court to file a contest. Miss this deadline, and you could lose your chance to challenge the will.
Evidence is everything
If you’re going to contest a will, you’d better come prepared. It isn’t just about making allegations. California courts require clear and convincing reasons and evidence to overturn a will. Common grounds include:
- Lack of capacity
- Undue influence
- Fraud
- Improper execution
Your case will likely fail without solid proof of your claims. Gathering evidence relevant to your case, such as medical records, witness statements and expert testimony, can make a significant difference in the outcome of your case.
Is it worth it?
Will contests can be emotionally and financially draining. These cases often pit you against your family members and can take months or even years to resolve. Some wills also include a ‘no-contest’ clause, which states that anyone who challenges the will and loses forfeits their inheritance. While California law limits the enforcement of these clauses, they can still pose a risk.
Having the right legal guidance can help you assess your options and determine the best path forward. A well-informed decision can make all the difference when considering whether to challenge a will.