You’ve just gone through your loved one’s will and discovered you’ve received less than what you expected. You feel overlooked and even betrayed. In such a case, can you contest the will to secure a larger portion or a fairer distribution of the estate?
The short answer is, it depends. Simply being unhappy with your share is not enough to successfully challenge a will. Courts generally respect the wishes of the person who made the will, and they won’t change them just because of a disgruntled heir.
You need valid legal grounds
California law requires specific grounds to contest a will. These include:
- Lack of capacity – Did your loved one lack the mental understanding to know what they were doing when creating the will?
- Undue influence – Did someone pressure or manipulate them into how they should distribute their estate?
- Fraud or forgery – Was the document or signature falsified?
- Improper execution – Does the document fail to meet the legal requirements of an enforceable will?
If your case is built on any of these grounds, you might have a shot at contesting the will. That said, mere suspicions or family disagreements won’t hold water in court. You’ll need clear evidence and strong arguments that the will doesn’t reflect your loved one’s true intentions.
Don’t jump the gun
Rushing into a will contest fueled by emotions can quickly backfire. You may present a weak case that will likely result in a dismissal. Additionally, you could be ordered to pay the ensuing court costs if you lose, which can add a significant financial burden.
If you are considering challenging a will, take time to prepare carefully, gather supporting documentation and consider seeking legal guidance to understand your chances of a successful outcome and make an informed decision.