How Can You Challenge a Will in Estate Litigation?
Dealing with the death of a loved one is never easy. When questions arise about the fairness or validity of their will, the emotional toll can become even heavier. Family members may feel hurt, betrayed, or confused—especially if the will doesn’t reflect what they believed the deceased wanted.
These situations are more than legal matters; they’re deeply personal, and they should be treated with care and clarity. At Bochnewich Law Offices, we help clients across Palm Desert, Riverside County, Los Angeles County, San Bernardino County, Orange County, San Diego County, and throughout Southern California address these issues with thoughtful legal guidance.
If you’re considering whether to challenge a will, you’re not alone. Many people find themselves in the same position, and we’re here to walk you through your options. Reach out to us today if you're facing questions about the validity of a will. We're here to help you move forward.
What It Means to Challenge a Will
Challenging a will means formally questioning its validity in probate court. Not everyone can challenge a will—only people with legal standing, such as close relatives or someone who was financially dependent on the deceased, may file a will contest.
The goal isn’t just to contest a document for the sake of it, but to protect your legal rights and uphold the true wishes of your loved one. If you believe the will was created under suspicious circumstances or doesn’t reflect the decedent’s intentions, the court has procedures in place to resolve those disputes.
Common Legal Grounds for Contesting a Will
There are specific legal reasons a court may consider a will invalid. If one or more of these grounds apply to your situation, you may have a case worth pursuing.
Most common reasons people challenge a will include:
Lack of testamentary capacity: The person creating the will (the testator) must understand what they’re doing—what assets they own and who they’re choosing to inherit. If they had dementia, Alzheimer’s, or another cognitive issue at the time the will was signed, the court might determine they lacked the legal capacity to create a valid will.
Undue influence: This occurs when someone pressures or manipulates the testator into signing a will that benefits them. It often involves isolating the individual or exploiting a vulnerable emotional or mental state.
Fraud or forgery: A will must be the authentic expression of the testator’s wishes. If someone tricked them into signing a document or forged their signature, the will can be set aside.
Improper execution: California law sets clear rules for how a will must be signed and witnessed. If those rules aren’t followed, the will might not hold up in court.
Revocation by a newer will: Sometimes, an older will is mistakenly submitted to probate, even though the testator created a newer one that cancels the previous version.
Before moving forward with a challenge, it's important to talk to an attorney who can evaluate whether any of these issues are present in your case. Even if you feel something isn’t right, it needs to be supported by evidence that the court will recognize.
Who Can Legally Challenge a Will in California?
Not everyone who disagrees with the will can file a challenge. In California, only individuals or entities with legal standing can bring a will contest to court.
Parties who may have standing include:
Heirs at law: These are individuals who would inherit under California’s intestate succession laws if no valid will existed—typically spouses, children, or parents.
Named beneficiaries: If you were named in a previous version of the will, or another estate planning document like a trust, and were excluded in a later version, you may be able to challenge the new document.
Creditors: In some cases, someone owed money by the deceased may have standing, though these cases are usually handled differently.
If you’re unsure about your standing, it’s worth speaking with a lawyer who can assess your relationship to the deceased and whether you meet the criteria to bring a challenge.
Steps to Take When Contesting a Will
Successfully challenging a will requires timely action and well-organized evidence. The process can vary depending on the county, but here are the general steps involved in most California will contests.
Important actions to take include:
Consult an attorney: Don’t try to do this on your own. A lawyer can help you understand your rights, examine the will, and determine if there’s a legitimate basis for a challenge.
File a petition with the probate court: You’ll need to submit a formal objection, usually when the will is being submitted to probate. This petition explains your reasons for contesting the will.
Gather supporting evidence: This can include medical records, witness statements, prior wills, or communications from the deceased that support your case.
Participate in court proceedings: You may need to appear in probate court, respond to legal motions, or give testimony.
Work toward a resolution: Sometimes the case will go to trial, but many will contests are resolved through negotiation or settlement before reaching that point.
Each of these steps must be handled with care. Timing is critical, as California law places strict deadlines on when you can file a will contest. Acting early improves your chances of success and avoids missing your window to challenge the will.
Warning Signs That May Point to a Problematic Will
Family members may begin to suspect something is wrong with a will based on how it was created, who benefits, or how the testator behaved before their death.
Red flags to look for include:
Sudden changes to the will: If a new will was drafted shortly before death that drastically changes beneficiaries or disinherits family members, it could raise suspicion.
Isolation of the testator: If the person was cut off from friends or family and only had contact with one individual, that could suggest undue influence.
Unusual or secretive behavior: Wills created in secret, or without the knowledge of long-time advisors or family members, may be cause for concern.
Significant benefit to a caregiver or new acquaintance: If someone who had power over the testator (like a caregiver or romantic partner) receives a large share of the estate, the court may investigate further.
Discrepancies between verbal wishes and the written will: If the contents of the will contradict what the testator said they wanted, that could indicate a problem.
These signs don’t automatically prove that something is wrong, but they should prompt a closer look—especially if you’re feeling uneasy about how the will came to be.
What Happens If the Challenge Is Successful?
If the court finds that the will is invalid, it will either:
Reinstate a prior valid will
or
Distribute the estate according to California’s intestate succession laws, as if no will existed.
This means the estate could go to children, spouses, or other close relatives, depending on who survives the deceased. While that may bring some fairness back into the process, it also means it’s essential to weigh whether a successful challenge will actually benefit you and other interested parties.
Time Limits for Filing a Will Contest in California
California law limits how long you have to contest a will, and missing the deadline can bar you from ever bringing a claim.
Key timing considerations include:
You must file your objection before the will is admitted to probate. Once the court accepts the will as valid, it becomes much harder—if not impossible—to challenge it.
If you were not given proper notice of the probate proceedings, you may still have an opportunity to contest it later, but this depends on specific facts.
Given these limitations, we always recommend acting as soon as you have concerns. Waiting too long could forfeit your right to take action altogether.
Alternatives to Court Battles
Going to court isn’t the only way to resolve a dispute over a will. In fact, many families prefer to avoid litigation entirely through alternative dispute resolution options like mediation.
Benefits of choosing mediation or settlement:
Less emotionally taxing: These options can reduce conflict and preserve family relationships.
Faster resolution: Settling out of court can take weeks or months, whereas trials can drag on for years.
More control: You and the other parties get to make decisions, rather than leaving it all up to a judge.
Confidentiality: Unlike a court, which is public, mediation is private.
Of course, not every case is suitable for settlement. But if the parties are open to discussion, we often help clients explore options that save time, money, and stress—without sacrificing their legal rights.
Contact a Trusted Estate Litigation Lawyer
If you believe a will doesn’t reflect your loved one’s true wishes, or if you’ve been unfairly left out of an estate, it’s important to speak with someone who can guide you through your options.
Challenging a will isn’t just about legal strategy; it’s about protecting your family’s future and honoring what your loved one intended. At Bochnewich Law Offices, we support clients in Palm Desert, Riverside County, Los Angeles County, San Bernardino County, Orange County, San Diego County, and throughout Southern California. Reach out to us today to schedule a consultation.