At The Estate Lawyers, APC, we handle will contests across San Diego. Our promise is simple: we’ll do it better than anyone in the state of California.
Our attorneys handle cases of undue influence, fraud, improper execution, and lack of capacity with relentless focus. Judges at the San Diego Superior Court know us as a trial team that comes prepared, never cutting corners and never backing down when inheritances and legacies are at stake.
Our compassionate approach makes sure that your loved one’s dignity is honored, while our litigation strength makes sure the law is enforced.
From our office on Executive Drive near University Towne Center, we are proud to support local causes and stay connected to San Diego families. Our familiarity with the probate system allows us to move cases forward efficiently while staying rooted in the values of service and fairness.
What Is a Will Contest and Why It Matters in San Diego
A will contest is a legal challenge to the validity of a will. These cases often arise when family members believe a loved one was pressured, lacked mental capacity, or when the will was signed with errors or under suspicious circumstances.
Under California Probate Code section 16061.7, anyone who receives notice has 120 days to contest a will, or 60 days if the document is delivered during that time. Missing this deadline usually means losing the right to challenge.
These disputes are not just about money. Families in La Jolla, Carmel Valley, and Rancho Bernardo often come to us because they want to protect a parent’s true wishes, defend vulnerable elders, and preserve family legacies.
With local cases involving coastal property, tech company equity, and family businesses, the outcome of a will contest can reshape both wealth and relationships for generations.
Our Will Contest Services in San Diego
- Validity challenges
- Undue influence claims
- Lack of testamentary capacity
- Fraud disputes
- Improper execution challenges
- Revocation disputes
- Executor misconduct
- Breach of fiduciary duty
- Accounting disputes
- Interpretation issues
- No-contest clause enforcement
- Mediation and settlement of disputes
Trusted by Estate Planning Professionals & Families
When Trusts & Estates Face Disputes
Contact UsWhy Choose The Estate Lawyers, APC for Your Will Contests
San Diego families choose The Estate Lawyers, APC because we combine courtroom strength with genuine compassion.
We’ll do it better than anyone in California. Since 2005, we have built our reputation as the state’s premier estate litigation firm. Our focus is sharp, our preparation meticulous, and our results proven.
We have your back and we fight for you. Judges in the San Diego Superior Court Probate Division know us as a firm that comes prepared.
We protect the elderly and respect their wishes. Many will contests involve vulnerable seniors. Clients often thank us for balancing compassion with tenacity.
We don’t dabble, we litigate. Unlike firms that split their time between planning and disputes, we focus exclusively on litigation and contests. With over 150 years of combined trial experience, you will never be handed off to junior associates.
We are rooted in San Diego. From our office near University Towne Center to advocacy work in La Jolla and Mission Valley, we are connected to the community we serve. We also give back, supporting programs that protect elders and strengthen families.
Grounds for Contesting a Will in San Diego
Not every disagreement over an inheritance qualifies as a will contest. California law recognizes specific legal grounds for challenging a will, and understanding these is essential before taking action.
- Lack of Capacity
A person must understand the nature of their property, the people who would naturally inherit, and the effect of signing a will. If your loved one suffered from advanced dementia or serious cognitive decline, the will may not be valid. - Undue Influence
If someone close to the decedent pressured or manipulated them into signing, the law allows the will to be contested. This often arises when a caretaker, new partner, or estranged family member suddenly appears in the will. - Fraud
Wills created or altered through lies, forged signatures, or trickery can be challenged. Proving fraud often requires handwriting professionals and forensic review. - Improper Execution
California requires wills to be signed correctly and witnessed by at least two people. If formalities are ignored, the will may not stand in probate court.
Our San Diego Will Contest Process
Challenging a will in San Diego follows a clear sequence of steps. Knowing what to expect helps families prepare and reduces the stress of uncertainty.
Step 1: Consultation and Case Review
We begin with a detailed consultation. Families, often from UTC, Del Mar, and Mission Valley, reach out after receiving notice of a will that does not look right. We review the document, explain deadlines, and determine whether you have legal standing to contest.
Step 2: Filing the Petition
If a contest is justified, we file the petition in the San Diego Superior Court – Central Courthouse Probate Division on Union Street. All filings are electronic, and we make sure every petition and motion is submitted correctly and on time.
Step 3: Discovery and Evidence Gathering
Proving a will contest usually requires medical records, financial documents, or testimony from witnesses. We work with UC San Diego Medical Center specialists, forensic accountants, and handwriting professionals to build strong evidence for your case.
Step 4: Mediation and Settlement
Probate judges in San Diego often order mediation before trial. This gives families the chance to resolve disputes privately. Our attorneys are skilled negotiators who fight for favorable terms while helping clients avoid unnecessary court battles.
Step 5: Trial and Judgment
If settlement fails, we are ready for trial. With over 150 years of combined trial experience, our attorneys present clear and compelling arguments to the court. Judges know us as prepared and relentless advocates who fight to protect families and preserve true wishes.
Local Resources We Work With
- San Diego Superior Court – Central Courthouse (Probate Division)
- Madge Bradley Courthouse (probate matters)
- Probate Court e-Filing Portal & Probate Business Office
- Court-approved probate mediators (Probate Mediator Panel)
- Private mediation providers (e.g., ProbateSD, Blue Sky Mediation Center)
- UC San Diego Health, Scripps Health, Sharp HealthCare (capacity evaluations)
- San Diego County Bar Association – Probate Section
- Local probate handbooks and attorney listserves
- San Diego Civic Center & community elder advocacy programs
- San Diego International Airport (SAN) for out-of-town heirs and witnesses
Ready to Take the Next Step?
If you believe a loved one’s will does not reflect their true wishes, act before time runs out. At The Estate Lawyers, APC, we have been trusted by families across California since 2005.
Call us today or contact us through our online form to schedule a confidential consultation. Our San Diego office is located at 4350 Executive Drive, Suite 310, San Diego, CA 92121, minutes from the Central Courthouse Probate Division.
The Estate Lawyers, APC: Here to Guide, Here to Fight, Here for You.