ProbateProbate LitigationWill

Contesting an Unfair Will

By June 16, 2026No Comments
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Table of Contents

Key Takeaways

  • A will cannot be challenged just because it seems unfair.
  • California courts may invalidate a will only if it resulted from undue influence, fraud, forgery, or lack of mental capacity.
  • Sudden changes to a will shortly before death often warrant a close review.
  • Missing heirs, suspicious signatures, and unusual beneficiary changes may be warning signs.
  • Speaking with an attorney early on can help preserve evidence needed for a will contest.

When Can You Contest an Unfair Will?

If you were unexpectedly disinherited or received less than anticipated, you may wonder whether you can challenge the will. However, California law does not consider a will invalid merely because it appears unfair.
Common legal grounds for a California will contest include:
  • Lack of testamentary capacity
  • Undue influence
  • Fraud
  • Forgery
  • Improper execution of the will
Therefore, if a will was created because of undue influence, fraud, forgery, lack of mental capacity, or other legal defects, contesting the will may be appropriate.
At The Grossman Law Firm, attorney Scott Grossman assists heirs and beneficiaries across California in investigating suspicious wills and pursuing probate litigation when needed.

Common Signs a Will May Be Invalid

The Will Was Signed During Cognitive Decline

If your loved one had dementia, Alzheimer’s disease, or another condition affecting memory or judgment, carefully review the timing of the will.
Medical records, physician notes, and witness testimony may help determine whether the person had the mental capacity required to create a valid will.

The Will Changed Shortly Before Death

A sudden change to a long-standing estate plan may raise concerns, especially during a serious illness.
This is especially concerning when:
  • The deceased depended heavily on a caregiver.
  • A single family member gained significant control over their affairs.
  • The changes benefited the person providing care or assistance.

The Signature Appears Suspicious

If the signature on the will differs from your loved one’s known signature, further investigation may be warranted.
Questions about forgery or whether the document was signed under false pretenses can become central issues in a will contest.

The Will Excludes Family Members Unexpectedly

An unexpected disinheritance does not automatically invalidate a will, but it may be a warning sign when paired with other suspicious circumstances.
For example:
  • A child who was previously included is suddenly removed.
  • One beneficiary receives nearly everything despite years of equal treatment among family members.
  • The distribution conflicts with the deceased’s long-expressed intentions.

The Will Was Not Properly Prepared or Executed

California law imposes specific requirements for creating a valid will. When a will is prepared without legal guidance, mistakes may occur.
Problems involving witnesses, signatures, or execution formalities may provide grounds to challenge the document.

When Probate Litigation May Be Necessary

Many beneficiaries hope for a simple explanation when faced with a surprising will, but this is not always the case.
If evidence suggests that a will was the result of undue influence, fraud, lack of capacity, or forgery, probate litigation may be necessary to uncover the truth and protect inheritance rights.
The sooner concerns are investigated, the easier it may be to preserve medical records, witness testimony, and other critical evidence.
Attorney Scott Grossman at The Grossman Law Firm represents beneficiaries and heirs in California probate litigation, including cases involving undue influence and fraud. Contact The Grossman Law Firm today to discuss your case.

FAQ

Can I contest a will because it is unfair?

No. California courts do not invalidate a will because the beneficiaries disagree with the outcome. You must generally show a legal basis for challenging the will.

What is the most common reason wills are contested?

Undue influence and lack of mental capacity are among the most common grounds for California will contests.

How long do I have to contest a will?

Deadlines can vary depending on the circumstances and stage of the proceeding. Missing a deadline can prevent a claim from moving forward.

How The Grossman Law Firm Can Help

If a loved one’s will suddenly changed, unexpectedly excluded family members, or was signed under suspicious circumstances, you may have grounds to investigate further.
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Please call us at (888) 443-6590 or fill out our Get Help Now form below to take the next step.
Our Intake Specialists can evaluate your case at no cost to you. If your case qualifies, we will schedule a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: October 16, 2016