When you go through the grief of losing a loved one, the last thing you want to face is the legal complexities of their will. However, if you suspect the document does not reflect their true intentions, you may need to take action. But what exactly constitutes valid grounds for contesting a will, and how does the process work?
If you doubt the validity of your loved one’s will, you will need to establish one of the following grounds for contesting it:
- Lack of testamentary capacity: If you noticed your loved one showing signs of cognitive decline before they updated their will, this might be a valid reason to contest.
- Undue influence: This occurs when someone exerts pressure on your loved one, manipulating them into changing their will.
- Fraud or forgery: This can include situations where someone misleads the testator about the will’s contents or tricks them into signing a document they did not understand.
- Improper execution: This can include instances where the will’s signing or witnessing was improper or where the testator failed to meet California’s legal standards for executing a will.
Understanding the grounds for contesting a will in California can guide your decision and help you navigate the process.
Who can contest a will?
In California, the ability to contest a will extends beyond immediate family members. Any “interested party” can challenge a will’s validity. This includes designated individuals in the current or previous wills, heirs who would inherit without a will and even creditors with claims against the estate.
Timing is crucial in these matters. You can raise objections immediately after the testator’s death before the will enters probate. If probate has already begun, California law provides a 120-day window from the probate hearing date to file a contest.
A delicate and complex issue
Contesting a will is a serious matter that can profoundly affect family relationships and the legacy your deceased loved one leaves behind. By educating yourself about the complexities of the process, you can better navigate this task with clarity and purpose.