Will Contests Attorney in Southern California

Dealing with the death of a loved one is one of life’s most challenging experiences. Often, this grief is exacerbated by the complications of a contested will, making this period an exceedingly difficult one.  

Our attorneys are here to guide you through the process. Contesting a will is an emotionally charged process, but our firm will support you in your hour of need. 

Understanding Will Contests 

A will contest is a legal challenge to the validity of a will, typically initiated by someone who believes the will does not reflect the true intentions of the deceased. These disputes can arise for various reasons, ranging from undue influence and lack of capacity to fraud and improper execution.  

Will contests can be complicated and require substantial evidence to prove the alleged issues. Extensive documentation and testimonies from witnesses may be required to support claims. The outcome can significantly impact the distribution of the deceased's estate, affecting all parties involved.  

When pursuing a will contest, it is necessary to have a thorough understanding of state laws and legal precedents, as these factors can greatly influence the outcome.  

Common Grounds for Will Contests 

Below are some of the most common reasons for contesting a will: 

Lack of Testamentary Capacity 

The person making the will, also known as the testator, must be capable of understanding the nature and consequences of their actions. If there is evidence that the testator lacked this capacity, the will may be contested. 

Undue Influence 

If someone exerted significant pressure on the testator to create or alter a will in their favor, this could be grounds for a contest. An attorney can uncover such influences and present compelling evidence in your case. 

Fraud or Forgery 

Any instance in which the will was created or modified deceitfully or where signatures were forged can lead to a will contest. Your attorney will have the experience and resources to thoroughly investigate these matters. 

Improper Execution 

Wills must meet specific legal requirements regarding signing and witnessing. Failure to adhere to these requirements can render a will invalid. An attorney can identify procedural errors that may impact the will's validity. 

Revocation 

If a will was legally revoked, either by creating a new will or explicitly destroying the old one, but the revoked will is still presented, it can be contested. Your legal representative can investigate any claims of revocation and ensure the rightful will is honored. 

Mistake 

If the testator made the will under a misunderstanding or mistake about critical facts that influenced their decisions, the validity of the will can be challenged. Your legal team will meticulously examine such circumstances to provide evidence of any substantial errors that warrant a contest. 

Will Contests in California 

Understanding California laws governing will contests is necessary for building a strong case. Here are some noteworthy points: 

Under California Probate Code Section 8250, anyone who wishes to contest a will must file a formal objection with the probate court before the will is admitted to probate. Timing is critical, as there are strict deadlines for filing objections. 

California follows the "contestee" principle, meaning the burden of proof lies with the person contesting the will. They must provide sufficient evidence to challenge the will. 

California has a statute of limitations for contesting a will. You have 120 days from the date the will is admitted to probate to file a contest. Missing this deadline can bar you from pursuing the contest. 

Many California wills include a no-contest clause that disinherits beneficiaries if they challenge the will. Such clauses may be unenforceable under specific circumstances, however, especially if there is probable cause to contest the will. 

California law has provisions to protect certain family members, including spouses, registered domestic partners, and dependent children, even if they are left out of a will. These protections can serve as additional grounds for contesting a will if a qualifying family member is unjustly excluded. 

Our Approach to Will Contests 

At Bochnewich Law Offices, we take a personalized approach to each case. We begin with a thorough initial consultation to understand the specifics of your situation and to develop a tailored strategy. Our goal is to resolve disputes as amicably and efficiently as possible, often through negotiation and mediation. When litigation becomes necessary, we are prepared to advocate for you vigorously in court.