TL;DR:
Families often contest wills when they believe the document was influenced by someone else, forged, executed incorrectly, or created when the person lacked the mental capacity to understand their decisions. These concerns are common and usually come from a place of confusion or fear that a loved one’s true wishes were not honored. Understanding the main reasons to contest a will can help families spot problems early and prevent costly legal disputes. Clear planning and legal guidance from the start can protect everyone involved.
A single signature obtained under pressure. A page quietly swapped. A loved one’s final wishes rewritten without their knowledge. These aren’t rare scenarios; they’re among the most common reasons families end up in court fighting over a will.
Losing a loved one is emotional, and disagreements over a will often arise during an already difficult time. Many people assume will contests happen because someone is greedy or unhappy with their inheritance, but in reality, disputes often grow from confusion, sudden changes to a will, or real concerns about whether the document is valid.
Under California law, families can challenge a will if they have legal grounds to believe something was wrong with the way it was made or signed. Below are the most common reasons to contest a will.
1. Undue Influence
Undue influence occurs when someone pressures or manipulates the person writing the will into making decisions that do not reflect their true wishes. This influence is often subtle, and families may not realize it happened until after the person passes.
Examples of situations that may involve undue influence include:
- A caregiver isolating the person from other family members
- A new spouse or partner insisting on changes that heavily favor them
- A relative who suddenly becomes deeply involved in financial decisions
- A person who threatens, guilts, or pressures the testator to change their will
California law describes undue influence as excessive persuasion that overcomes the person’s free will. Signs often include secrecy around the will, unexpected changes that benefit one individual, or changes made when the person was vulnerable.
2. Lack of Mental Capacity
To create a valid will in California, the person must be of sound mind. This means they must understand:
- What a will is
- What property they own
- Who their beneficiaries are
- What their decisions mean
Illnesses like dementia, advanced age, or certain medical conditions can raise questions about capacity, especially if the will was changed late in life.
Capacity issues are not always clear. A person with mild cognitive impairment may still legally understand their choices, while someone with significant decline may not. This gray area is a major source of disputes.
Families often contest a will when:
- The person was confused during the time the will was signed
- A sudden change occurred while the person was hospitalized or medicated
- Medical professionals documented memory loss or disorientation
3. Improper Execution
California has strict rules about how a will must be executed. A will can be challenged if it does not meet the legal requirements.
Most typed wills require:
- A signature by the testator
- Two witnesses who sign at the same time
- Witnesses who understand they are witnessing a will
Missing signatures, incorrectly signed pages, or witnesses who were not present can invalidate the document. Even small technical errors can open the door to a will contest.
Handwritten wills are allowed in California, but they must be entirely written and signed by the testator, and handwritten documents often create confusion because they lack witness signatures or clear language.
4. Forgery or Fraud
Forgery and fraud are serious concerns in will contests. If someone believes the signature is not genuine or that pages were swapped or altered, they can challenge the will.
Examples of fraud include:
- A forged signature
- Someone tricking the testator into signing something they thought was a different document
- Alterations made without the testator’s knowledge
- Fake witness signatures
In some cases, a person may have been misled about who would receive assets. Any will created or changed through deception can be contested.
5. Ambiguous or Conflicting Language
Sometimes the problem is not fraud or influence, but simply unclear writing. A will must clearly explain who receives what, or disputes will arise.
Common examples:
- Vague phrases like “my property” or “my valuables”
- Conflicting instructions in different sections
- Beneficiaries described in unclear ways
- Notes or handwritten changes added later without formal drafting
When the language leaves room for interpretation, beneficiaries may disagree about the meaning. This often leads to a court deciding what the person intended.
6. Sudden or Unexplained Changes
Families often grow suspicious when a long-established estate plan is suddenly changed with no explanation.
For example:
- A child is removed from the will without a known reason
- A new acquaintance becomes the main beneficiary
- A will is rewritten shortly before the person’s passing
- A major shift in distribution occurs with no clear cause
While people have the right to change their wills, drastic last minute changes can trigger questions about influence, capacity, or fraud.
How an Attorney Helps With Will Contests
Understanding why wills are contested is only part of the picture. Knowing what to do next and who can help makes all the difference.
An attorney can:
Review the will for validity
They examine signatures, witness statements, dates, and language to ensure the will meets all California requirements.
Identify signs of undue influence or capacity issues
A lawyer can help gather medical records, communication history, and witness testimony to determine whether influence or incapacity may have played a role.
Represent heirs or beneficiaries in court
If a contest becomes formal, an attorney guides the family through filing petitions, presenting evidence, and protecting their rights in probate.
Help families resolve disputes outside of court
Many disagreements are settled through negotiation or mediation. This saves money, reduces stress, and preserves relationships.
Create stronger, clearer estate plans
For individuals who want to avoid future disputes, a lawyer can draft clear and legally sound documents that reduce the chance of conflict.
FAQs
Q: What are the most common reasons a will is contested?
A: The most common reasons include undue influence, lack of mental capacity, improper execution, forgery or fraud, and ambiguous language in the document.
Q: How do you prove undue influence or lack of capacity?
A: Families rely on medical records, witness statements, communication history, and expert evaluations. An attorney helps collect and interpret this evidence.
Q: Who can legally contest a will in California?
A: Heirs, beneficiaries named in the will, and anyone who would have inherited under California law if the will did not exist.
Q: How long do you have to challenge a will?
A: Once probate begins, the court sets specific deadlines. It is important to speak with an attorney as soon as possible to avoid missing your opportunity to file.
Q: Can an attorney help prevent future will contests?
A: Yes. Clear drafting, strong documentation, and proper execution can significantly reduce the risk of disputes later.
Protecting Your Family From Will Disputes
Will contests are emotionally draining, but many are preventable. The best way to protect your loved ones is to create a well-documented estate plan and work with a knowledgeable attorney who understands your goals.Randal P. Hannah provides support in a time when families need clarity and direction. If you have questions about a will or want guidance on preventing future disputes, contact us today for a confidential consultation.
