Contesting a will or a trust can be a daunting task, filled with both legal intricacies and emotional challenges. At The Estate Lawyers, APC, our team of seasoned trust dispute attorneys possesses a deep understanding of California’s probate laws. With offices in San Diego and Irvine, we proudly serve clients across Southern California, helping them navigate the complexities of challenging a will or trust.
Safeguarding your legacy is our mission. Trust and will disputes have the potential to tear families apart—our dedicated litigators work tirelessly to ensure your loved one’s wishes are honored and disputes are resolved with the skill and compassion you deserve. We are committed to protecting your rights and interests throughout the litigation process.
What Are The Legal Requirements For A Will In California?
The state of California has specific legal requirements for a will to be considered valid. These include:
- The will must be in writing.
- The testator must be 18 years of age or older and of sound mind.
- The Will must be signed and witnessed, or if entirely handwritten by the Testator, no witnesses are required.
- Witnesses cannot be beneficiaries in the will.
- The will must be made freely, without undue influence.
If any of these requirements are in doubt after the testator’s death, you have the right to challenge the will’s validity by filing a legal action.
What Are The Grounds For Contesting A Will In California?
Will contests involve challenges to the validity of a last will and testament. These contests can arise when beneficiaries or potential heirs believe that the will does not accurately reflect the testator’s true intentions. Common grounds include:
- Claims of undue influence
- Challenges that the testator lacked testamentary capacity
- Allegations of forgery
- Claims that the will was not executed properly
Successfully contesting a will requires a careful analysis of the facts, relevant legal statutes and the testator’s overall testamentary intent. Time is of the essence, as California law imposes strict deadlines for will contests. Seeking experienced legal counsel is crucial if you are considering contesting a will in California.
What Are The Grounds For Contesting A Trust In California?
Contesting a trust in California involves questioning its legitimacy. There are several reasons you can challenge a trust. Reasons to challenge a trust include:
- Lack of capacity: If the person who made the trust didn’t have the mental ability to understand its terms, the trust could be invalid.
- Undue influence: Undue influence occurs when someone manipulates the trust creator for personal gain.
- Fraud: Fraud is also a concern. If the trust was established through deceit, it can be contested.
- Improper execution: Trusts must meet certain legal criteria, such as being in writing and signed by the creator. Failure to meet these criteria can render a trust invalid.
Trust contests require a thorough examination of the trust document, the intentions of the trustor, and any evidence that supports the allegations that the trust was invalid. Act swiftly, as California law has specific deadlines for filing a trust contest.
Who Can File A Trust Or Will Contest?
Generally, those who can file a contest include:
- Heirs: These are individuals who would inherit under California’s intestacy laws if the will or trust did not exist.
- Beneficiaries: Anyone named in a prior or current version of the will or trust who may have had their share reduced or removed.
- Disinherited individuals: If someone was previously included in a will or trust but later removed, they may have grounds to contest.
- Creditors: If the deceased owed outstanding debts, creditors may challenge a will or trust to recover assets.
- Other interested parties: This may include individuals with a legitimate claim to the estate such as a business partner with a financial interest.
One common ground for contesting a trust or will is a breach of fiduciary duty. If the trustee or executor fails to act in the best interests of the beneficiaries, mismanages assets or engages in self-dealing, legal action can be taken to challenge the trust or will.
How Do Will Contests Work?
A will contest is a legal challenge to the validity of a will initiated in probate court. Steps include:
- Filing a petition: The contesting party must file a petition with the probate court, outlining the legal grounds for the challenge.
- Notice to interested parties: Once the petition is filed, all interested parties, including heirs and beneficiaries, must be notified.
- Discovery and evidence gathering: Both sides gather evidence, which may include medical records, witness testimony and expert opinions to support or refute the claims.
- Mediation or settlement: Many will contests resolve through mediation to avoid a lengthy court battle.
- Court trial: If no settlement is reached, the case proceeds to trial, where a judge or jury determines the validity of the will.
- Court decision and appeals: If the court upholds the will, the estate is distributed accordingly. If the will is invalidated, the estate is distributed based on a prior will or intestacy laws.
A breach of fiduciary duty may also arise during probate if the executor mismanages assets, withholds information or fails to act in the beneficiaries’ best interests, further justifying legal action.
Experienced Probate Litigators For Contesting A Will Or Trust
At The Estate Lawyers, APC, our estate administration and probate lawyers have extensive experience challenging wills and litigating trusts. When estate documents fail to reflect the testator’s true wishes, we are here to fight on their behalf. If you suspect undue influence or that an estate document doesn’t align with your loved one’s wishes, our skilled litigators are ready to advocate for you.
Consult An Experienced California Estate Litigator For Free
We are happy to offer a one-hour paid consultation that provides significant value. During this time, we will review relevant documents and your unique situation, offer legal advice, and help you decide on the best course of action to resolve your dispute.
To schedule your free appointment, call us at 866-330-0578 or send us a message through our website form. We are eager to discuss how we can assist you with your case.