When someone contests a will in California, it can cause the California probate process to take more time as well as an increase to the cost. It can also be an extremely stressful process. Because of this, we believe it’s important to discuss the most common reasons someone will contest a will in California. We hope that by doing so, you’re able to keep these situation sin mind as you create your estate plan.
Related: California Probate: What Can Make the Process Longer?
Someone Believes You Were Being Negatively Influenced
When a will is created by fraud or undue influence, it gives someone a reason to contest a will. Fraud or undue influence means that it is believed that someone took advantage of you when you were creating the will. It is a violation of trust.
When you’re writing your Last Will and Testament, it is very important that you express your wishes. Sometimes, depending on where you are in life, that can be easier said than done. There are people who do, sadly, try to manipulate others into changing their will so that person receives some sort of benefit when you die while other people you love are left with nothing.
There Was No Legal Capacity at the Time the Will Was Created
Legal capacity is a necessity when you create a will. This means that you’re at least 18 years old and you have the mental capacity (understanding) of what you’re doing. Individuals who are younger than 18 years are considered, under the law, lacking capacity. There are, of course, certain conditions that can render a legal adult without the capacity required to create their own will or to enter into any other sort of contract. Generally, it is the diagnosis of one of those conditions that may cause someone to contest a will in California. Common conditions include substance abuse, dementia, Alzheimer’s, or another condition that affects an individual’s ability to truly comprehend the scope of the document.
The Will Wasn’t Properly Executed
California wills must be properly executed according to the law. This means that the will must be written or typed as well as signed by the testator and two witnesses. Neither of the witnesses signing may be named as a beneficiary of the will. If the will isn’t properly executed, someone may contest it.
Related: Holographic Wills in California: Are They Legal? What Is Required?
More Than One Will Is Found
If more than one will is found, at least one of them is bound to be contested. This most often occurs when someone moves to California from another state and wrote a new will. If the new will complies with California law, the California probate court will most likely allow it and disallow the previous document.
A Will Cannot Be Contested Until It’s Admitted into Probate Someone cannot contest a will in California until that will is admitted into probate. So, even a will exists for smaller estates, probate may not be necessary. Small estate affidavits are available for California estates worth less than $150,000. There are also certain assets that never go through the probate process. If those are the only assets within the estate, the will may not be probated. However, if a will is admitted into probate and someone wants to contest it, they must file a petition with the probate court where the will was admitted within 120 days after the probate matter is opened.