Reasons to Contest a Will

There are a variety of reasons that might prompt someone to contest a will. Here, we delve into some of the most common scenarios:

1. Capacity Issues with the Decedent

The testator—or person creating the will—must demonstrate mental capacity at the time of the will's creation. They need to understand the extent of their assets, the identity of their beneficiaries, and the implications of their decisions regarding the distribution of their estate. If there are legitimate concerns about the mental capacity of the testator when the will was drafted, it may be possible to contest it.

For example, imagine an elderly parent diagnosed with Alzheimer's disease. If they drafted a will after their diagnosis, a beneficiary may raise concerns about the parent's mental ability to comprehend their decisions. In such a case, the will could be open to a contest.

2. Validity of the Will

Another potential ground for contesting a will pertains to its validity. In California, a will must meet certain statutory requirements to be legally binding. These requirements include being signed by the testator and two unbiased witnesses. If these stipulations are not adhered to, the will can be contested.

3. Fraud

Fraud is another serious concern that could warrant a will contest. This typically occurs when the testator is intentionally deceived or misled during the creation or signing of the will. Misrepresentations regarding the nature of the document or the contents of the will could constitute fraudulent activity.

4. Elder Abuse, Duress, and Undue Influence

Additional grounds for contesting a will are elder abuse, duress, or undue influence. If a person used their position of power or trust to manipulate the testator into altering their will, it can be contested. For example, a caregiver who coerces a vulnerable elderly person into leaving them a substantial portion of their estate could be considered to have exerted undue influence.

Can Any Will be Contested?

Generally, yes. Certain wills that are prepared and executed with more formalities will be harder to contest, but all wills are potentially subject to a contest. 

Can Anyone Contest a Will in California?

While many might wish to contest a will, it's crucial to note that only certain people have the legal standing to do so. These individuals typically include beneficiaries named in the will, heirs-at-law (like close relatives), or those who would have inherited assets if the will is deemed invalid. 

In California, the ability to contest a will isn't extended to just anyone. The person contesting the will, known as the contestant, must have "standing." This means they must be directly impacted by the outcome of the probate process. 

Steps to Contest a Will Submitted to Probate

Contesting a will is a multifaceted process involving several key steps:

File a Contest: The initial step involves filing a "will contest" document with the probate court handling the estate. This is essentially a formal objection to the validity of the will.

Submit Evidence: Next, the contestant must provide evidence supporting their grounds for the contest. This could include medical records indicating the testator lacked capacity, witness statements alluding to undue influence, or documentation that proves the will failed to meet the state's legal requirements.

Attend Court Proceedings: After the contest has been filed and evidence submitted, a court hearing or series of hearings will be scheduled. During these hearings, evidence is presented and arguments from both sides—the contestant and those defending the will—are heard.

Await the Court Order: After hearing all the evidence, and potentially following a trial, the judge will make a determination about the validity of the will. This process may involve many steps, including negotiation, mediation, and eventually a trial. The court may invalidate the entire will or only specific portions, depending on the evidence presented.

Costs of Contesting a Will

Contesting a will can be costly, incorporating court fees, attorney fees, and potentially costs for expert witnesses such as medical professionals or handwriting experts. Furthermore, if the contest is unsuccessful, the contestant may be required to pay the legal fees of the other parties involved.

What is the Process After a Contest?

Following the initiation of a will contest, the probate process is generally paused until the dispute is resolved. If the court deems the will invalid, the estate is distributed in accordance with California’s intestate succession laws or according to a previous valid will, if one exists. If the court upholds the will, the probate process resumes.