When a loved one passes away and leaves behind a will, families expect that document to reflect the person’s true wishes. But sometimes, circumstances raise serious questions. Maybe the will was signed when the person was not mentally capable, or perhaps someone exerted pressure or influence over them.
In situations like these, you may wonder whether the will can be challenged. In the video below, we’ll explain who has the legal right to contest a will in California, the valid grounds for doing so, the legal process involved, and the potential risks and costs you should consider before moving forward.
If you believe a will may not reflect your loved one’s true intentions, contact our office to schedule a consultation and discuss your legal options.
Transcript:
If you have a loved one who has recently passed, leaving a will behind, in your gut, you might feel that that will is not a true reflection of, really, their last wishes. But what can be done? Can you contest it? How can you contest it, and what’s the proper procedure? Well, in this video, we’re going to address all of those.
We’re going to talk about who has the legal right to contest a will in California, what are some valid legal grounds to contest that will, what’s the legal procedure, as well as some risks and costs associated with contesting a will.
For those who don’t know me, I am Sina Mohajer with Mohajer Law Firm. We specialize in Estate Planning, Family Law, Civil Litigation, and Personal Injury. In these videos, I like to take complex legal issues and try to simplify it for our viewers in order to give you that knowledge and know-how and how to act accordingly and protect your rights. So if you like the contents of this video, hit that like button and don’t forget to subscribe so you’re always informed of any new videos being posted.
Without further ado, I welcome you to A Walk in the Park.
Who Has Legal Standing to Contest a Will in California?
So who has legal grounds to contest a will in California? Well, any beneficiary named in that will that needs to be contested has legal standing to bring it forward to court. If you are not named in the will but you would have inherited something through intestate succession, you have grounds. Or any individual who was named in any previous version of a will has legal grounds to come forward and contest that will.
What Are Valid Legal Grounds to Contest a Will?
But what are some valid legal grounds in contesting a will?
Testamentary Capacity
Number one is the lack of testamentary capacity. That means the person did not have the mental capacity at the time of signing their will to make it valid.
Undue Influence
Another one is undue influence, where the individual might have been coerced or manipulated in a way to sign that version of the will.
Fraud
Another one is fraud, meaning that that signature is not even your loved one’s signature, but someone actually forged their signature. So therefore it’s an invalid will.
Improper Execution
Another one is improper execution, meaning the will was either not signed, which is required, or it was signed but it wasn’t witnessed. So therefore there’s no witness signature, which is another requirement under California law.
Revocation
And the last valid legal ground that you can contest a will is revocation, meaning you have a subsequent will that was executed after this particular will that you are contesting showing that there’s been a change in circumstances.
All of those grounds would be considered as valid legal grounds for you to come forward in court.
Legal Process to Contest a Will
Now, what is the legal process in contesting a will? Well, most importantly, you have to act quickly. You were given 120 days from the date the will is provided to the probate court to be able to contest it. If you miss that window, you can potentially void any rights you have to contesting that will. So it’s important to act quickly.
You have to file your objection with the probate court that’s handling the case as well as provide evidence to support your objection. Meaning, if there’s a medical report, if there’s prior drafts of wills to show that you have legal standing, or even witness statements.
And lastly is show up to your hearing. If you don’t show up, you’re not going to win and you’ll automatically lose. So you have to be prepared to testify and support your evidence as well as possibly even bringing expert witnesses.
Risks & Costs When Contesting a Will in California
Now, what are some risks and costs associated with objecting or contesting a will in California? Well, first and foremost, it could most likely create family division. I’ve not seen a particular case ever where someone has contested and it did not create a divide within the siblings or other family members. So be prepared.
Also, legal fees can get exceptionally high when you contest a will in probate court.
Another risk or cost associated with contesting is if there’s a no contest clause associated with this will, meaning if you contest a will regardless of what you are to inherit from that will and you lose, you potentially lose or void your right to accepting any of the inheritance that you were named as a beneficiary. So it’s important to understand these risks before you take action.
The last risk is also your burden of proof. Just like every other case, if you’re objecting to a will and you’re contesting it claiming that it’s invalid in some way, the burden of proof falls on you. You have to demonstrate to the court that it is invalid.
And being able to prove fraud or undue influence is not an easy task. You have to have strong legal evidence to be able to support that. So keep that in mind as well.
Contact Mohajer Law Firm to Contest a Will
In this video, we covered a lot, and I know we talked about who has legal standing to contest a will, what are some valid legal grounds, what’s the legal procedure in contesting it, as well as some risks and costs associated therein.
So if you have questions about your situation, you’d like to talk to a seasoned attorney, I welcome you to call our office. Happy to sit down with you one-on-one to explore your options and figure out the best strategy to take.
And like I said earlier in this video, if you like the contents of this video, please hit that like button. And don’t forget to subscribe so you’re always informed of any new videos being posted.