Yes, a will can be contested in California — meaning someone can challenge it in court if they believe something is wrong with it i.e. the will was procured through undue influence, duress or fraud. This can happens when a Will contest is filed during the probate process, at that time the court determines if the will is genuine and valid, and being followed properly after someone passes away.
But contesting a will isn’t simple. There are rules about who can challenge it, why, and when. Let’s walk through what that all means.
Who Can Contest a Will?
Not just anyone can object to a will. You can only contest a will if:
- You’re someone who would inherit something i.e. a child, spouse, or other close relative.
- If the will didn’t exist or wasn’t valid (like a child, spouse, or other close relative).
- You were named in an earlier version of the will but not in the one being used now.
- You are mentioned in the current will but think something about it isn’t right.
So, for example, if a father leaves everything to one child and nothing to the others, the other children might be able to contest the will — but only if they have a legal reason to do so.
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When Can You Contest a Will?
If you’re going to challenge a will in California, you need to do it quickly. Once the probate case starts and the court officially accepts the will, you only have 120 days to file a formal objection. That’s about 4 months — and if you miss that deadline, it might be too late.
Why Would Someone Contest a Will?
People can’t contest a will just because they don’t like what it says. There has to be a valid reason. Here are the main ones:
- The Person Wasn’t Mentally Healthy
If the person who made the will wasn’t thinking clearly — maybe they had dementia or another condition affecting their memory or understanding — the will might not be valid. - They Were Pressured (Coercion)
If someone pressured or manipulated the person into changing their will — like a caregiver or a relative who took control — that’s called undue influence, and it’s a common reason people contest wills. - Fraud
If the person who made the will was tricked into signing it, or the content of the will was misrepresented, it could be thrown out. - Forgery
If the signature on the will is fake or someone else created the document and passed it off as real, that’s forgery. - It Wasn’t Done Properly
In California, a will needs to meet certain legal requirements. It usually has to be in writing, signed by the person making it, and witnessed by two other people. If those steps weren’t followed, the will might not hold up in court.
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What Happens When a Will Is Contested?
If someone contests a will, it becomes a court case. Both sides will gather information, share documents, and possibly go to a hearing or trial where a judge listens to the evidence.
This can take months or even years, depending on how complicated things are. Sometimes the people involved decide to settle the case without going to trial, especially if there’s a lot of money or property involved.
What Could the Court Do?
If the judge agrees that something is wrong with the will, they could:
- Throw out part or all of it.
- Use a previous version of the will, if there is one.
- Follow California’s default inheritance laws (called intestate succession) if no valid will remains.
What About “No-Contest” Clauses?
Some wills include a clause that says anyone who challenges the will will lose their inheritance. This is called a no-contest clause.
However, in California, these are only enforced if the person contests the will without a good reason. If you truly believe the will is invalid and have proof to back it up, the court might let you proceed without penalty — even if there’s a no-contest clause.
Should You Contest a Will?
That depends. Contesting a will can be:
- Emotionally difficult, especially if it involves family conflict.
- Time-consuming, with court dates, paperwork, and possible trials.
- Expensive, especially if experts are involved, though you might be reimbursed from the estate if you win.
But if you believe the will is not valid, or that your loved one was taken advantage of, it may be worth exploring. Talk to an experienced probate attorney like Antoniette Jauregui to understand your rights and options — she can help you figure out whether you have a strong case and how to move forward. You can get in touch with us by clicking: Contact Us
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