Why Choose Us?
Will contests can affect inheritances, family relationships, and the administration of a loved one’s estate. Loew Law Group PLC helps clients in San Mateo County challenge questionable wills, defend valid estate plans, and resolve probate disputes with careful legal guidance.
- Representation for heirs, beneficiaries, executors, and personal representatives
- Knowledge of both estate planning and probate litigation
- Service throughout San Mateo County, including Belmont, Burlingame, Foster City, Hillsborough, Redwood City, and San Mateo
- Strategic support for will contests involving capacity, undue influence, fraud, and improper execution
- Practical guidance for negotiated settlements and probate court litigation
- Personalized attention during difficult family and inheritance disputes
A Last Will and Testament is one of the most important parts of an estate plan. It directs how property should be managed and distributed after death. When questions arise about whether the will was properly signed, whether the person had capacity, or whether someone pressured or misled the person who made the will, the validity of the document may be challenged through a will contest.
At Loew Law Group PLC, our trust and estate litigation attorneys represent clients in will contests throughout San Mateo County and Northern California. We assist beneficiaries, heirs, personal representatives, and family members with probate disputes involving questionable estate documents, disinheritance, executor concerns, and contested inheritances.
What Is a Will Contest in California?
A will contest is a probate court proceeding that challenges the validity of a will. The person bringing the challenge must have a legal interest in the estate and a valid legal ground for contesting the document. A will cannot be challenged simply because a beneficiary is unhappy with the distribution plan.
A will contest may arise when:
- A child or heir was unexpectedly disinherited
- A newer will changes a long standing estate plan
- A caregiver or beneficiary received an unusual benefit
- The testator had dementia, Alzheimer’s disease, or another cognitive condition
- The will was signed under suspicious circumstances
- The signature or witness process appears improper
- An executor or beneficiary may have influenced the estate plan
- A prior will may better reflect the deceased person’s wishes
If the court finds that the will is invalid, the estate may be distributed under a prior valid will. If no valid will exists, the estate may pass under California intestacy law.
Who Can Contest a Will in California?
A person can contest a will if they have standing, meaning they have a financial or legal interest that may be affected by the outcome. This usually includes heirs, beneficiaries, or people who would inherit under a prior will or California intestacy law.
People who may have standing include:
- A child, spouse, or other legal heir
- A beneficiary named in an earlier will
- A beneficiary whose share was reduced or removed
- A person who would inherit if the challenged will is invalid
- A personal representative with a legitimate probate concern
- Another interested person recognized by the probate court
What are the legal grounds for contesting a will?
To bring a will contest in California, a party must have legitimate interest in the estate, such as being an heir, a beneficiary, or a party who stands to inherit. In addition, there must be a valid legal reason to challenge the will. Generally, the grounds for a will contest include:
- Improper execution — To be valid, formalities must be followed for a will to be considered validly executed. In short, a will must be in writing, and signed by the person making it (the “testator”) and by two witnesses who saw the testator sign the will. If these formalities are not strictly followed, the will may be subject to a challenge.
- Lack of testamentary capacity — The testator must be of sound mind at the time the will is executed. This means that the testator must have known what property he or she owned and understood the effect of executing the will. Given that people are susceptible to dementia as they age, claims that a decedent lacked testamentary capacity are not uncommon.
- Undue influence — A will may be considered invalid if another individual coerced the testator into executing the document, such as one of the beneficiaries or a caregiver who may have had undue influence over the testator.
- Fraud — A testator may be tricked into signing a will when he or she is presented with another legal document and told that it is another document such as a power of attorney. A will that is procured by fraud is often associated with testamentary incapacity.
In addition to the validity of the will being challenged, the competence or the capacity of the executor may also be called into question. Moreover, an executor in California is considered to be a fiduciary and can be held liable for mistakes or misconduct. On the other hand, a will cannot be contested merely because a party is not satisfied with the distribution plan. Ultimately, if the court deems the will to be invalid, assets may be distributed according to intestacy laws of California, or according to a prior will.
What Evidence Helps Prove a Will Contest?
Evidence in a will contest may include medical records, prior estate planning documents, witness testimony, financial records, attorney notes, and communications. The strongest cases connect suspicious facts to a specific legal ground.
Helpful evidence may include:
- Prior wills, codicils, and estate planning drafts
- Medical records from the time the will was signed
- Emails, texts, letters, and voicemails
- Statements from family, friends, caregivers, or advisors
- Attorney notes and signing records
- Financial records showing unusual transfers
- Proof of isolation, pressure, or suspicious conduct
What Are the Steps in a California Will Contest?
The 6 steps in a California will contest are reviewing the documents, confirming standing, checking deadlines, gathering evidence, filing in probate court, and resolving the dispute through settlement or litigation.
- Review the will and related estate documents
Compare the disputed will with any prior wills, trusts, codicils, or beneficiary designations. - Confirm legal standing
Determine whether you are an heir, beneficiary, prior beneficiary, or other interested person. - Check filing deadlines
Will contests often have strict deadlines, including deadlines tied to probate notices and court orders. - Gather evidence
Collect medical records, communications, witness information, financial records, and attorney notes. - File the appropriate probate petition
The filing should explain the legal grounds for challenging or defending the will. - Resolve the case
The dispute may be resolved through negotiation, mediation, or a probate court decision.
How Long Do You Have To Contest a Will in California?
In many cases, an interested person has 120 days after a will is admitted to probate to file a petition to revoke probate. Some objections may need to be raised earlier, so it is important to act quickly after receiving notice or discovering a problem.
Prompt legal review is especially important if:
- A new will appeared unexpectedly
- You were disinherited
- The testator lacked capacity
- A beneficiary or caregiver may have applied pressure
- You received notice of a probate filing
- A no contest clause may affect your rights
Can a No Contest Clause Stop a Will Challenge?
A no contest clause may discourage a beneficiary from challenging a will, but it does not automatically prevent every contest. In California, these clauses are limited and often depend on whether the challenge is brought without probable cause.
Before filing a challenge, consider:
- The wording of the no contest clause
- The strength of the evidence
- Whether probable cause exists
- The inheritance that may be at risk
- Other probate options that may be available
How Can a Will Contest Be Avoided?
A will contest can often be reduced through careful planning, clear documentation, and independent legal guidance. While no estate plan can prevent every dispute, strong planning can make a will easier to defend.
Helpful steps include:
- Update your will before a health crisis
- Meet privately with your attorney
- Document major inheritance changes
- Consider a no contest clause
- Keep prior estate documents organized
- Communicate clearly with family when appropriate
Contact Our San Mateo Will Contest Lawyers
If you are concerned about the validity of a loved one’s will, or if you need to defend a will from a challenge, Loew Law Group PLC can help. We represent clients in will contests involving improper execution, lack of capacity, undue influence, fraud, forgery, disinheritance, and executor disputes.
Our attorneys serve clients throughout San Mateo County, including Belmont, Burlingame, Foster City, Hillsborough, Redwood City, and San Mateo. Contact Loew Law Group PLC today to speak with a San Mateo will contest lawyer about your probate dispute.
FAQs
How long do I have to file a will contest in California?
In many cases, you have 120 days after the will is admitted to probate to file a petition to revoke probate. Some objections may need to be raised earlier, so prompt legal guidance is important.
Can I contest a will if I was disinherited?
Yes, you may be able to contest a will if you have standing and a valid legal ground, such as undue influence, lack of capacity, fraud, forgery, or improper execution.
What is a no contest clause in California?
A no contest clause is a provision that may penalize a beneficiary for challenging a will. In California, these clauses are limited and often depend on whether the challenge was brought without probable cause.