Common Grounds for Will Contests

When a loved one passes away, the distribution of their estate should follow their wishes as expressed in a valid will. However, not all wills go uncontested. In California, it is not uncommon for beneficiaries or potential heirs to challenge a will. These disputes can arise from questions about the testator’s intent, the validity of the document, or the influence of others. Understanding the common grounds for will contests can help families prepare for potential challenges and protect the estate from costly litigation.

What a Will Contest Involves

A will contest is a legal challenge to the validity or enforceability of a will. The person bringing the challenge, often called the contestant, must present evidence that the will should not be admitted to probate or that certain provisions should be modified. Courts examine the evidence carefully, considering California law and the circumstances under which the will was created.

Will contests can delay the probate process, increase costs, and create tension among family members. Knowing the typical reasons why wills are contested can help testators, heirs, and attorneys anticipate issues and reduce conflict.

Lack of Testamentary Capacity

One of the most common grounds for challenging a will is a claim that the testator lacked the mental capacity to make the document. California law requires that a person creating a will:

Understand the nature of making a will
Recognize the extent of their property
Identify the natural beneficiaries of the estate
Understand how their assets will be distributed

If evidence suggests that the testator was suffering from dementia, severe illness, or cognitive impairment at the time the will was signed, a court may determine that the document is invalid. Medical records, witness testimony, and expert evaluations are often used to support or refute claims of lack of capacity.

Undue Influence

Another frequent reason for will contests is undue influence. This occurs when someone exerts pressure on the testator to act against their own free will. California law recognizes that undue influence can invalidate a will if it can be shown that the testator’s decisions were the product of manipulation or coercion.

Signs of undue influence may include:

Isolation of the testator from family or friends
Sudden changes in the distribution of assets favoring one person
Secretive or rushed execution of the will
Dependence on the person accused of exerting influence

Proving undue influence can be challenging, as it requires demonstrating both opportunity and effect on the testator’s decision-making.

Fraud or Forgery

Wills may also be contested on the grounds of fraud or forgery. Fraud occurs when the testator is deceived into signing a document that does not reflect their true intentions. For example, someone might misrepresent the contents of a will, promising one outcome while presenting another.

Forgery involves creating a will that bears the testator’s signature without their knowledge or consent. Handwriting analysis, expert testimony, and document comparison are often used to verify authenticity in these cases.

Improper Execution

California law requires specific formalities for a will to be valid. A properly executed will must:

Be in writing
Be signed by the testator or by someone at the testator’s direction
Be witnessed by at least two individuals who are present and sign in the testator’s presence

Failure to follow these formalities can lead to a successful challenge. For instance, missing signatures, incomplete witness affidavits, or irregularities in notarization may render a will invalid.

Revocation Concerns

Contests can arise when it is unclear whether the testator revoked a previous will. A testator may intentionally destroy an older will, create a new one, or make handwritten changes. If there is doubt about which version reflects the testator’s final intent, interested parties may file a contest to clarify the matter. Courts consider evidence such as dated copies, witness testimony, and statements made by the decedent.

Ambiguity and Interpretation Issues

Sometimes, a will is contested not because it is invalid, but because its language is unclear. Ambiguous terms, contradictory provisions, or vague descriptions of beneficiaries and assets can lead to disputes. In these cases, the court must interpret the testator’s intent using available evidence, which may include drafts, letters, or prior wills. While these contests do not claim invalidity, they can still significantly delay estate administration and increase costs.

Family and Inheritance Disputes

California law allows certain family members, such as surviving spouses or domestic partners, to challenge a will if they feel entitled to a share of the estate. Similarly, children may contest a will if they believe they were unfairly disinherited. These disputes often involve claims of inadequate provision or violation of statutory rights, and they can add complexity even when the will is otherwise valid.

Preventing Will Contests

While not all will contests can be avoided, careful planning can reduce the likelihood of disputes:

Ensure the testator has capacity and document medical or cognitive evaluations if necessary
Use clear, precise language in the will
Follow proper execution procedures under California law
Consider discussing the estate plan with family members to set expectations
Involve an experienced probate lawyer to guide the process

Taking these steps can make a will more difficult to challenge and provide peace of mind for both the testator and beneficiaries.

Conclusion

Will contests are common in California and can arise from a variety of issues, including lack of capacity, undue influence, fraud, improper execution, or ambiguous language. Understanding these grounds helps families, heirs, and estate planners anticipate potential challenges and take proactive steps to protect the decedent’s wishes. Consulting with a skilled probate lawyer can help ensure that wills are properly drafted, executed, and defended, reducing the risk of disputes and safeguarding the estate for intended beneficiaries.