Will disputes can be some of the most emotional and challenging legal matters families face. When questions arise about whether a loved one’s final wishes were accurately expressed, the issue often becomes more than a disagreement among relatives—it turns into a matter of legal validity.
Courts in Los Angeles County and across California don’t act on suspicion or disappointment alone; they require compelling proof that a will was created under improper circumstances. Contesting a will involves more than simply questioning decisions that may seem unfair.
It involves showing evidence of issues such as undue influence, lack of testamentary capacity, or failure to follow the proper execution requirements. Because these cases touch both family relationships and strict legal standards, presenting strong and well-organized evidence becomes essential.
At Slater Cosme, PC, we know that challenging wills in court requires more than just determination—it demands the right approach and supporting proof. If you’re considering taking this step, we encourage you to contact our firm today so we can review your situation and discuss the legal options available to you in Pasadena, California.
The Basics of Contesting a Will
When we contest a will, the focus is on whether the document accurately reflects the intentions of the person who passed away. Courts won’t overturn a will lightly, so evidence must show legal flaws or misconduct in its creation.
Grounds for contesting usually include:
Lack of testamentary capacity: Showing that the person who made the will didn’t understand what they were doing.
Undue influence: Proving that someone pressured or manipulated them.
Improper execution: Demonstrating that the will wasn’t signed or witnessed correctly.
Fraud or forgery: Establishing that the document isn’t legitimate.
Each of these requires a different type of supporting evidence, and the strength of that evidence can determine whether challenging wills in court will succeed.
Proving Lack of Testamentary Capacity
One of the most common arguments in these disputes is that the person who created the will didn’t have the mental ability to do so. To prove this, we often rely on:
Medical records: Notes from doctors, therapists, or hospitals about mental health, dementia, or cognitive decline.
Testimony from witnesses: Statements from those who interacted with the person regularly and noticed confusion, memory loss, or erratic behavior.
Timing of the will: Evidence that the will was created during a period of known illness or impairment.
We often transition from capacity questions to the next major issue: whether someone else intervened and improperly influenced decisions.
Establishing Undue Influence
Undue influence means one person took advantage of another’s vulnerability to alter the terms of the will. Proving this requires piecing together circumstantial and direct evidence.
Indicators may include:
Isolation: Evidence that the deceased was cut off from family or long-time friends while under another person’s control.
Sudden changes: A last-minute rewrite of the will that benefits one individual over others.
Financial dependency: Proof that the influencer held power by managing money, housing, or health care.
Witness testimony: Accounts from friends, neighbors, or professionals who observed pressure or manipulation.
When undue influence is suspected, it often overlaps with improper execution or fraud, which is why building a case requires careful attention to every detail.
Demonstrating Improper Execution
Even if no one questions capacity or influence, a will can still be invalid if it wasn’t executed according to California law. Evidence in this area often includes:
Witness testimony: Statements from the witnesses about whether they were present and observed the signing.
Signatures: Comparing handwriting samples or obtaining expert handwriting analysis.
Procedural proof: Showing the will lacked required signatures, dates, or witnesses.
This kind of evidence helps confirm whether the document is legally valid. If the will fails execution standards, it may be easier to challenge in court.
Exposing Fraud or Forgery
Another powerful ground for contesting a will is fraud. Fraud can take several forms, from tricking someone into signing a document they didn’t understand to outright forgery. Evidence might include:
Handwriting analysis: Comparing the deceased’s known signature to the one on the will.
Document examination: Identifying altered pages, different inks, or suspicious formatting.
Testimony: Witnesses who saw the signing or who can testify that the deceased never signed the document in question.
If fraud is proven, the court can set aside the will entirely. This evidence often ties directly back to concerns about undue influence or capacity.
Collecting Evidence Through Discovery
Once litigation begins, the discovery process allows us to gather more detailed evidence. This can strengthen claims and expose weaknesses in the other side’s case. Discovery tools may include:
Depositions: Questioning witnesses, doctors, or caretakers under oath.
Interrogatories: Written questions sent to the opposing party to clarify details.
Requests for documents: Obtaining emails, letters, medical records, or financial information.
The evidence collected during discovery often forms the foundation for settlement negotiations or a trial. If discovery uncovers significant proof of fraud, influence, or improper execution, it makes challenging wills in a court of law far more persuasive.
The Importance of Witness Testimony
Witnesses often provide the human element that documents alone can’t capture. In these cases, witness testimony can come from:
Family members: Describing changes in behavior or unusual decision-making.
Medical professionals: Sharing observations about mental health and capacity.
Lawyers or notaries: Explaining how the will was signed and whether standard procedures were followed.
Friends and neighbors: Providing context about relationships and potential influence.
The credibility of witnesses can significantly influence the outcome. Strong, consistent testimony paired with records or documents often makes the difference in court.
Expert Opinions in Will Contests
Although family testimony is important, professional opinions can also be powerful. We often work with:
Medical professionals: Offering opinions about mental competence at the time the will was signed.
Forensic accountants: Identifying unusual financial transfers that support undue influence claims.
Handwriting analysts: Confirming or questioning the authenticity of signatures.
These professional perspectives strengthen the case by adding objective analysis to personal accounts. They also help jurors or judges connect the evidence to legal requirements.
How Timing and Circumstances Matter
The timing of the will’s creation often plays a key role. For example, if a new will is drafted shortly before death, during a medical crisis, or after a major relationship change, courts may scrutinize it more closely. Evidence here often includes:
Hospital or hospice records: Showing the deceased’s condition at the time.
Calendar records: Connecting life events, like hospital stays, to the execution of the will.
Earlier wills: Comparing changes to see if they’re consistent or suspicious.
These details can tie back to arguments about capacity, undue influence, or fraud, creating a stronger overall claim for challenging wills.
Settlement vs. Trial in Will Disputes
Not every dispute over a will ends up before a judge. Many cases settle once both sides see the strength—or weakness—of the evidence. Settlement discussions often consider:
Emotional impact: Families may prefer to avoid prolonged conflict.
Financial cost: Trials can be expensive and time-consuming.
Strength of evidence: A weak case may push for a settlement, while strong evidence can encourage persistence.
If a settlement isn’t possible, the case proceeds to trial, where all evidence, from medical records to witness testimony, is presented.
Frequently Asked Questions About Will Contests
How long do I have to contest a will in California?
Generally, you must act quickly. California law limits the timeframe to file, often requiring action within 120 days of the will being admitted to probate.
Can anyone challenge a will?
Not exactly. Only those with legal standing—usually heirs, beneficiaries, or those with a financial interest—can pursue challenging wills.
What happens if the will is thrown out?
If the will is invalidated, the estate typically passes according to an earlier valid will. If none exists, it may be distributed under California’s intestacy laws.
Is evidence from emails or texts helpful?
Yes. Communications showing influence, confusion, or coercion can support claims of undue influence or lack of capacity.
Speak With Our Trust Lawyers Today
At Slater Cosme, PC, we take pride in handling every aspect of your case with care and dedication. We know that challenging wills require organized, persuasive evidence, and we’ll make sure no important detail is overlooked.
From gathering medical records to presenting witness testimony, we’ll stand by you throughout the process. If you believe a will doesn’t reflect your loved one’s true wishes, we’re ready to help. Our estate planning lawyers serve clients across Pasadena, California, and Los Angeles County.
