Discovering that you’ve been cut out of someone’s will or Trust can be a shocking and difficult experience. You may have assumed or understood that you would inherit under the will, or the testator might have actually told you that you were included. In such situations, it is very natural to wonder about the probate process and how to successfully contest a will.
Your chances of winning a will contest depend on whether you can gather relevant evidence to support your case. As such, it is essential to understand the legal grounds for contesting a will in California. To prevail in contesting a will that complies with the formalities of a California will, you must typically prove some form of coercion, diminished mental capacity, or fraud.
In most cases, an individual’s odds of successfully contesting a will are low. However, your case may be different.
This is an uphill battle, but it can be waged and won in some circumstances. The experienced California will contest lawyers at Barr & Douds Attorneys can help you navigate the complexities of will contests.
Can a Will Be Contested in California?
If a beneficiary or heir believes the will does not properly distribute the deceased person’s assets, they may challenge its validity in probate court.
Grounds for contesting may include suspicions of fraud, duress, undue influence, or a claim that the testator lacked the mental capacity to make a legitimate will or estate plan. However, the will contest process is typically complex, time-consuming, and expensive.
It is also important to note that many wills have a “no-contest” clause, which, despite having limited effectiveness, may disincentivize potential opposition after the person dies.
What Is a No-Contest Clause?
A no-contest clause is a provision in a will designed to discourage beneficiaries from challenging or “breaking” the will. It provides that if a beneficiary contests the will and loses, and the court determines the contest was brought without “probable cause”, he or she shall forfeit any expected inheritance.
The primary purpose of a no-contest clause is to uphold the testator’s intentions and minimize disputes. Its enforceability varies by jurisdiction, and it may not prevent all forms of legal contests.
What Are the Chances of Contesting a Will in California and Winning?
Each case of contesting a will is unique and comes with its own challenges.
The burden of proving the invalidity of a will lies with the contestant, making the chances of successfully contesting a trust or will seem low. The relatively low mental capacity required to execute a will and the difficulty of obtaining evidence of undue influence can further stack the odds of winning a contest against the contestant. However, that does not mean you should forgo filing a contest without speaking with a lawyer.
Most civil cases in California, including will contests, settle before trial. If you have solid grounds for a contest, a favorable settlement could be a desirable outcome.
To determine the strength of your claim, consult with an experienced probate litigation attorney who can give a realistic assessment of your case’s potential strengths and weaknesses.
Who Can Contest a Will?
Based on the provisions outlined in California probate law, only someone with a stake in the outcome of a will contest can challenge a will. This generally includes people from two classes:
- Heirs: Heirs are generally relatives who most people would expect to inherit under the will. They may be children, spouses, siblings, grandchildren, or other members of the testator’s family.
- Beneficiaries: A beneficiary is anyone explicitly named in the will. Examination of prior wills is important, as those named in previous versions may also contest the current will.
It is also possible for the testator’s unpaid creditors to seek remuneration by contesting a will if the decedent owed money.
Common Grounds for Contesting a Will
Contesting a will requires more than just dissatisfaction with its contents or instructions. Formal legal grounds are necessary to challenge a will, and the potential reasons for doing so are limited in number. The most common grounds include:
Mental Incompetence of the Testator
If a person is proven to be mentally incompetent (competence is also known as “testamentary capacity”), it can invalidate the will.
However, the evidence must show the testator could not understand the implications of their actions when signing. Key evidence to contest a will in such a case includes medical records showing cognitive decline, healthcare provider testimony, expert psychiatric evaluations, and witness accounts of confused behavior or inability to manage daily affairs.
Non-Compliance with the Formalities of a Will under California Law
A will must be in writing, signed by a qualified person (typically the testator), and witnessed by two people. Evidence needed to contest a will on these grounds includes statements from the witnesses or the absence of their signatures.
Lack of Testamentary Intent
The document may be contested if it does not clearly establish that the testator intended to draft a will.
Forgery or Fraud
Proving fraud can be challenging since the testator is deceased. Possible evidence to contest a will could include testimony from a handwriting expert that the signature is not authentic.
Undue Influence
If it is discovered that the testator was coerced (or “unduly influenced”) into signing, the will is declared invalid. Proving this is difficult and often requires witness testimony or other circumstantial evidence.
Error
You might have a case if the testator accidentally excluded you. However, mistakes of this nature are rare and do not necessarily suggest mental incapacity.
Note that there is a difference between invalidating a will in favor of a previous document and invalidating one with no other will to resort to.
If the probate court overturns the will with nothing to replace it, the testator’s assets are distributed according to the California law of intestate succession. Consequently, you could end up worse off than if the will had never been contested.
Unsure About Your Inheritance?
How to Contest a Will?
Contesting a will requires scrutiny and careful planning.
First, reflect honestly on your relationship with the deceased person. Was there a legally valid reason for them to disinherit you? It could simply be that the testator’s perspective of your relationship differed from yours.
Next, consider their state of mind when the will was signed. What evidence do you have or can you obtain demonstrating the testator lacked capacity?
If the answers to these questions suggest solid grounds for a contest, you should proceed with the necessary steps to contesting a will, which is as follows:
1. Make Sure You Have Standing to Contest a Will
To have legal standing, you must be an interested party. Remember that interested parties include beneficiaries, heirs at law, or perhaps a creditor.
Demonstrating standing is crucial when exploring answers to the question, “How do you contest a will”, as only qualifying parties have the legal right to challenge the will in California probate court. This is an important measure designed to prevent frivolous claims from unrelated individuals.
2. Be Mindful of Will Contest Deadlines
“How long do I have to contest a will in California?” Many clients ask this critical question. When you decide to contest a will, you must be prepared to make your case quickly.
California Probate Code § 8270 stipulates a strict 120-day time limit from the date the will is admitted to probate. However, we recommend the contest is filed before the will admitted to probate by the Court. Otherwise, once admitted to probate, the will is presumed valid, which increases the burden of proof on the contestant. This underscores the importance of acting promptly when initiating a will contest, as failure to meet this deadline could cause you to forfeit your right to contest.
3. Verify That You Have Grounds for Contesting a Will
As mentioned, the legal grounds for challenging a will are not trivial displeasures but serious allegations of error, fraud, or similar circumstances. You must possess a comprehensive grasp of these grounds in order to successfully fight a will, as they’ll form the foundation of your case.
Absent valid grounds, even the most professionally presented contestation is unlikely to win in a court of law.
4. Find a Good Will Contest Attorney
You can file a will contest in California without a lawyer’s intervention. However, this is generally not recommended, as contesting a testamentary instrument is a complex and difficult undertaking. Even licensed attorneys specializing in other areas of law have trouble handling will contests. For this reason, it is vital that you seek out the services of an experienced trusts and estates law firm.
5. Estimate the Value of Your Inheritance
Contesting a will is very expensive. If the amount you stand to inherit isn’t enough to justify the likely costs, your claim probably isn’t worth pursuing.
6. Obtain a Copy of the Will
If you’re an heir and don’t already have a copy of the will, you’ll probably receive a copy with the initial probate filings. Your attorney can also ask the nominated executor of the probate estate for a copy of the will or obtain it from the court. They’ll also want copies of any previous wills.
7. File a Formal Will Contest
Your attorney will typically draft and file the will contest shortly after the nominated executor files a petition for probate.
The contest states the grounds for invalidating the will but typically doesn’t contain all or even most of the evidence supporting your claims. This evidence is usually obtained through the discovery process (depositions, subpoenas, written discovery, etc.) and is to be presented at trial.
8. Consider Mediation
Will contests be draining affairs financially as well as emotionally? It doesn’t matter how worthy your case is if the proceedings leave you worse off than when you started. Fighting a will could deplete not only your finances but also the estate’s assets.
To avoid a contentious legal battle, the court will typically require the interested parties to go to mediation, where you should make every reasonable effort to settle the case.
How Much Does It Cost to Contest a Will in California?
The costs associated with contesting a will can vary greatly. On average, however, they range from $10,000 to $50,000 or more. This typically includes estate litigation attorney fees, court filing, and expert witness fees.
It’s important to note that these are just averages — actual costs can fluctuate depending on the complexity of the case, the attorney’s rates, and the duration of the legal process. Therefore, disputing a will can be a considerable financial investment.
Prospective contestants should carefully weigh the potential benefits against these substantial costs before initiating a will contest.
What Happens If I Contest a Will and Lose?
If you take a will contest to trial and lose, you’ll likely end up worse off than before.
In a best-case scenario, you’ll simply sacrifice the time and money you spent contesting the will. In the worst case, however, you’ll find that the will contains a no-contest clause that could result in you losing any inheritance you’d have otherwise received.
Is It Possible to Make a Will That Can’t Be Contested?
Creating a will that’s resilient against contestation involves careful planning and legal foresight. It can be done by performing the following three key steps during the process of establishing an estate plan.
Add a No-Contest Clause
A no-contest clause deters potential contestants by stipulating that they forfeit their inheritance if they challenge the will and lose. This provision protects the testator’s intent and helps avoid disputes, though its enforceability varies depending on the jurisdiction.
Make It Self-Proved
A self-proved will includes a notarized affidavit signed by the testator and witnesses verifying the will’s validity. This step lends credence to the will and can streamline the probate process. It also makes contestation more difficult due to the presiding legal formalities.
Make Your Assets Payable on Death
Designating assets as payable on death allows one to bypass the probate process entirely. The specified assets automatically transfer to the indicated beneficiary upon death, thereby eliminating any potential contestation of those assets in a will.
That said, such an arrangement requires meticulous asset documentation and beneficiary designation.
Contact Barr & Douds Attorneys for Help with Your Will Contest
The seasoned trust and estate lawyers at Barr & Douds Attorneys have helped hundreds of clients successfully litigate and mediate their claims. Contact us online or call us at (925) 403-4025 today to discuss your case and get answers to your questions.
