When the unthinkable happens—a loved one passes away and their will doesn’t reflect what you know their true wishes were—you may find yourself at a crossroads. Should you contest the will? Can you contest it? As experienced beneficiary rights attorneys serving Irvine, Los Angeles, and throughout California, The Legacy Lawyers understand the emotional and legal complexities families face during these difficult times.
Understanding Your Rights as an Interested Party
Not everyone can contest a will in California. At The Legacy Lawyers, we often receive calls from concerned family members asking, “Do I have the right to challenge my parent’s will?” The answer depends on whether you qualify as an “interested party” under California law.
Who Can Contest a Will?
You have standing to contest a will if you are a beneficiary named in the current will or any previous version, an heir who would inherit under California’s intestacy laws (spouse, children, parents, siblings), a creditor with a valid claim against the estate, or someone financially impacted by the will’s terms.
If you’re unsure about your standing, our experienced attorneys can review your situation during a free consultation. We’ve helped countless families throughout Orange County and Los Angeles navigate these complex determinations.
Valid Grounds for Contesting a Will in California
Simply being unhappy with your inheritance isn’t enough to contest a will. California law requires specific legal grounds, and The Legacy Lawyers have extensive experience litigating cases involving several key areas.
1. Lack of Mental Capacity
The testator must have understood the nature and extent of their property, their relationship to beneficiaries, and the distribution they were making.
We work with medical experts to review records and establish whether conditions like dementia, Alzheimer’s, or substance abuse affected the testator’s mental state when signing the will. This is often the most complex ground to prove, requiring extensive medical documentation and expert testimony.
2. Undue Influence
This occurs when someone in a position of trust—often a caregiver, new romantic partner, or family member—manipulates the testator into changing their will.
Red Flags for Undue Influence: Sudden, unexplained changes benefiting one person. Isolation of the testator from other family members. The influencer’s involvement in preparing or executing the will.
Our attorneys have successfully challenged wills where vulnerable elderly parents were manipulated by those they trusted most.
3. Fraud or Forgery
Examples include forged signatures on the will, the testator being tricked about what they were signing, or misrepresentation of facts that influenced the will’s contents.
These cases often require forensic document examiners and handwriting experts to prove the deception.
4. Improper Execution
California requires specific formalities: a written document signed by the testator and witnessed by two disinterested adults who understand they’re witnessing a will. Even small deviations from these requirements can invalidate a will.
5. Revocation
A newer will may have revoked the one being probated, or the testator may have physically destroyed the will with intent to revoke it. We’ve handled cases where family members discovered multiple wills, each telling a different story about the deceased’s true intentions.
Critical Deadlines: The 120-Day Rule
⚠️ TIME IS OF THE ESSENCE
California law imposes strict deadlines that can forever bar your claim if missed. Before probate, contest the will at the initial hearing before it’s admitted to probate. After probate, you have only 120 days from when the will is admitted to probate to file your contest.
This is why The Legacy Lawyers stress the importance of acting quickly. As soon as you suspect something is wrong with a loved one’s will, contact us immediately. We’ll ensure all deadlines are met while building your strongest case.
The Will Contest Process in Irvine and Los Angeles Courts
Orange County Probate Court (Irvine Residents)
For Irvine families, will contests are handled at the Costa Mesa Justice Complex, Probate/Mental Health Division, located at 3150 Airport Road, Costa Mesa. The Orange County probate judges are known for their efficiency and attention to detail in complex estate matters.
Los Angeles County Probate Court
Los Angeles residents file at the Stanley Mosk Courthouse, 111 North Hill Street, Los Angeles, with multiple branch locations throughout the county serving different communities.
The Legal Process
File a Petition: We draft and file your objection stating specific legal grounds for the contest.
Discovery Phase: This crucial stage involves subpoenaing financial records and documents, deposing witnesses and medical professionals, working with forensic experts if forgery is suspected, and reviewing medical records for capacity issues.
Mediation/Settlement Conference: Courts encourage resolution without trial, and many cases settle during this phase when the evidence becomes clear.
Trial: If necessary, we present evidence and witness testimony to prove your case before a probate judge.
Navigating No-Contest Clauses
Important Protection: While California enforces no-contest clauses, if you have probable cause to contest, the clause won’t be enforced against you.
Many wills include “no-contest” or “in terrorem” clauses stating that anyone who challenges the will forfeits their inheritance. This can feel like a trap—forcing you to choose between seeking justice and risking your inheritance.
Our attorneys at The Legacy Lawyers carefully evaluate whether you have probable cause before proceeding, protecting your interests throughout the process.
Building Your Strongest Case
Success in will contests requires thorough preparation and compelling evidence. Our approach is comprehensive and strategic.
Evidence Collection
Medical records documenting mental state become crucial when claiming lack of capacity. Financial records can reveal suspicious transactions suggesting undue influence. Emails, texts, and correspondence often provide a window into the testator’s state of mind and relationships. Witness statements from family, friends, and healthcare providers paint a complete picture of the circumstances.
Expert Witnesses
We work with medical professionals to testify about capacity, forensic document examiners for suspected forgery cases, and financial experts to trace improper transfers. These experts often make the difference between winning and losing a case.
Strategic Litigation
Our approach includes aggressive discovery to uncover hidden evidence, skilled negotiation to achieve favorable settlements when possible, and powerful courtroom advocacy when trial is necessary.
The Emotional Toll and Family Dynamics
A Personal Note from The Legacy Lawyers: “We understand that contesting a will often means challenging family members during an already painful time. Our goal is to protect your rights while minimizing additional family trauma whenever possible.”
Will contests can strain even the closest families. Our clients frequently express concerns about damaging relationships with siblings or other relatives, appearing greedy or opportunistic, and the emotional cost of prolonged litigation.
We approach each case with sensitivity to these concerns, exploring mediation and settlement options that can preserve family relationships while protecting your rights.
Why Choose The Legacy Lawyers?
“They Not Like Us” – Our clients know we’re different. We combine legal expertise with genuine compassion for families navigating difficult times.
Our Track Record
“Zach is my Kendrick Lamar! ‘They Not Like Zach’ Zach got me walking around like Kendrick Lamar in the Super Bowl performance!” This recent client review captures the confidence our representation provides.
We’ve successfully represented families throughout California in complex will and trust contests, with attorneys praised for their attention to detail, communication, and results.
Comprehensive Support
Beyond will contests, we handle trust litigation, beneficiary rights protection, elder abuse cases, and probate administration. This comprehensive approach means we can address all aspects of your estate dispute.
Taking the First Step
If you believe a loved one’s will doesn’t reflect their true intentions, don’t wait. The 120-day deadline is unforgiving, and evidence can disappear quickly.
Free Consultation Available Call (800) 840-1998 today to discuss your case with our experienced attorneys. We’ll review your situation, explain your options, and help you understand whether contesting the will is the right choice for your family.
What to Bring to Your Consultation
Come prepared with any copies of the will (current and previous versions), medical records or information about the deceased’s health, financial documents showing unusual transactions, and correspondence or notes about family dynamics.
Moving Forward with Confidence
Contesting a will is never easy, but sometimes it’s necessary to honor your loved one’s true wishes and protect your family’s future. With The Legacy Lawyers by your side, you’ll have the expertise, support, and advocacy you need during this challenging time.
Our offices in Irvine and throughout California are ready to serve you. Whether you’re dealing with undue influence, questions of mental capacity, or concerns about fraud, we’ve helped families like yours find justice and closure.
Remember: Time is critical in will contests. The sooner you act, the stronger your position. Contact The Legacy Lawyers today at (800) 840-1998 to protect your rights and your family’s legacy.
About The Legacy Lawyers: Serving clients throughout California with offices convenient to Irvine and Los Angeles families. Our attorneys combine natural talents, education, and experience to become a force for our clients. We are attorneys who, when we combine our characteristics, become unstoppable advocates for your beneficiary rights.
