Grounds to dispute a will

Disputing Wills in California

The passing of a parent can be sorrowful. Still, it gets even more depressing if you discover that they disinherited you or left you a measly share without good reason or due to someone else’s malicious intervention. A Will is an estate plan specifying how a person’s assets will be distributed upon death. In California, individuals with legal standing are allowed a period to contest a Will.

Estate probate is the legal process of administering a deceased’s assets under a state court’s supervision. Following the death of an estate owner, the executor must file the Will within 30 days and petition for probate.

Without a Will or if the deceased did not name an executor, the estate attorney or one of the family members or friends can skip the process and request to be appointed administrator.

In any case, the court will set a date for the probate hearing and give the executor time to notify interested parties. During the probate hearing, the court will set a deadline for those wishing to contest the Will to formalize their petitions.

Usually, interested parties are allowed up to 120 days to contest the Will. If interested parties fail to challenge the Will within the specified period, they void their rights to rechallenge it.

Who is allowed to dispute a Will

Anyone with legal standing can contest the validity of Will. These individuals stand to gain or lose from executing the Will in question. The collective name for these individuals is interested parties, and they include:

• Any of the deceased’s beneficiaries as they appear in the Will
• The deceased’s heirs, as guaranteed by California intestacy laws
• The people who loaned the deceased money

But as already mentioned, it will be careless to bring up a petition against a Will just because you don’t like its terms and conditions. Yes, you can formalize your case in court, but the burden of proof lies with you. That means your case will be thrown out due to lack of solid evidence, leaving you with a substantial bill in legal fees and court expenses. It’s never a waste of time to collect some evidence and consult with a qualified person regarding such matters.

An experienced inheritance attorney will listen to your case, examine your evidence, and guide you through available legal options.

Some of the common grounds to dispute a Will in California include:

Undue influence

We live in a world where some people try to exploit others. Regarding inheritance laws, undue influence is the use of unfair pressure to coerce a testator into creating a Will that benefits specific individuals. Undue pressure can be a difficult ground to prove, but typical indicators include:

• Isolation of the testator
• sudden changes in the Will
• A close relationship between the influencer and the beneficiary.

Lack of testamentary capacity

In California, anyone can create a Will, provided they are over 18. Those under this age limit are considered to lack the mental capacity to make such decisions. In contrast, adults are deemed mentally competent, barring diagnosis of dementia, Alzheimer’s disease, mental illness, or the influence of drugs or medication.

Breaking California rules

Anyone who creates a Will must type it down or write it by hand and then sign it before a pair of witnesses, who must endorse it with their signatures to make it legally binding. None of the beneficiaries named in the document may act as witnesses. If a Will does not meet these requirements, interested parties can claim it lacks valid execution.

Lack of knowledge or approval

Suppose you have reason to suspect duress, fraud, or misrepresentation. In that case, you can file a case to dispute the Will by claiming the testator did not understand the contents or was unaware of its significance when signing it.

Existence of multiple Wills

Most estate owners have at least two Wills. The first one might be the document they prepared when they started building their estate, while the second one might be the one they prepared after marriage or welcoming a new member into the family. The third Will is usually the document one prepares during estate planning, forgetting that other Wills already exist that only need revising to update beneficiaries and terms and conditions. Usually, the court considers the old documents to be outdated.

That is why checking what document the executor or probate attorney has submitted is always essential. They may be trying to hide the new Will for one reason or another. In such cases, feel free to present your objections to the court.

However, if another beneficiary challenges the new Will and successfully proves it’s erroneous or fraudulent, the court reverts to the old Will.

Another instance when the court can force the use of an old Will is when it’s proven that the new document has already been revoked or superseded.

Fraud or forgery

Apart from trying to hide a new will, some individuals may go as far as to fake one and present it to the court as the deceased’s last Will. Forging a Will or signature is a serious crime and can result in criminal charges against the perpetrator.

Mistake

Just because a Will was witnessed doesn’t mean it is correct. The probate court will ultimately decide.

Ambiguous wording

Another reason to file a petition regarding a Will is when the document contains ambiguous wording and confusing teams and conditions as they apply to you or other named parties. You’ll save yourself from trouble by seeking the court’s interpretation of ambiguous language in a will.

Does one have to wait until the Will is submitted in probate to contest it?

No. You can contest a Will immediately after the testator’s death if you have a document copy. You don’t have to wait until the document is submitted for probate. It just so happens that most of these cases are filed after the Will is presented to probate because interested parties receive notification regarding the document’s existence.

How to dispute a Will in California

Once the court establishes the deadline for individuals to formalize their petition challenging a Will, interested parties must file their application with the probate court and only in the county where the deceased resided. Within the paperwork, you must include details of your petition and state the legal grounds for filing it.

Once you file your petition, start preparing evidence. As mentioned, the burden of proof lies with you. Disputes reading Last Will and Testaments are complex and emotionally charged situations. Hire a qualified attorney to help you throughout the process.

Some of the services experienced Will contest attorney provides include:

• Preparing and filing clients’ petitions. As mentioned, a statute of limitation stipulates when individuals may challenge a Will. A qualified attorney will help you prepare your petition and file the paperwork in time so you don’t void your right to contest the Will.
• Gathering, preparing, and presenting evidence. These include the deceased’s medical records, testimony from medical professionals, witness statements, records of impulsive or erratic financial decisions, video and audio recordings of the Will signing, handwriting analysis, draft wills, old wills, emails, evidence of isolation, and expert testimony.
• Litigating your case in probate court or appeals court.

In retrospect, California inheritance laws allow heirs, beneficiaries, and creditors to contest Wills in which they have legal standing. There are specific procedures to avoid voiding one’s right to challenge. If you decide to contest a Will, you can do so immediately after the testator’s death, provided you can get a copy of the document. Alternatively, you can wait until the document reaches probate and the court sets a deadline to formalize your petition.

In any case, it’s a legally complex matter that requires the expertise of qualified attorneys. An experienced inheritance attorney, specifically a Will contest attorney, understands California laws about the Last Will and testament and all the circumstances that come into play during the creation and signing of these documents. They can help you formulate and present your case in a manner that emphasizes your reasons for disputing the document, ensuring that the court considers your rights as an interested party.’

If you want to contest a Will in which you have a legal standing, we will be happy to discuss your case and explain our services. Schedule a free consultation today to speak with our attorneys.