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Six Things to Know About Disqualified Beneficiaries in California

By August 13, 2025November 6th, 2025No Comments

Table of Contents

Key Takeaways
Understanding Disqualified Beneficiaries
Six Facts About Disqualified Beneficiaries
How the Presumption of Disqualification Works
When You Can Challenge a Disqualified Beneficiary
How The Grossman Law Firm Can Help
Related Resources
FAQ

Key Takeaways

  • The California Probate Code outlines specific situations in which a beneficiary may be disqualified from inheriting.
  • The most common cases involve undue influence or gifts to prohibited individuals, such as care custodians or drafters of the will.
  • Certain exceptions apply when the beneficiary is related to the decedent or when the transfer amount is minimal.
  • The court may remove a disqualified beneficiary who serves as trustee or block them from receiving an inheritance under California Probate Code §§ 15642 and 21350.

Understanding Disqualified Beneficiaries

California law aims to prevent fraud, coercion, or undue influence in the creation of wills and trusts. A disqualified beneficiary is someone the law presumes should not inherit because of their relationship to the decedent or their role in creating or managing the estate documents.

At The Grossman Law Firm, we represent heirs and beneficiaries across California in probate and trust litigation, including cases where a beneficiary’s eligibility to inherit is disputed. Understanding how disqualification works can help protect your rightful inheritance.

Six Facts About Disqualified Beneficiaries

California’s Probate Code §§21350–21356 addresses when and how a beneficiary can be disqualified from receiving property through a will or trust. Here are six key facts to know:

  1. Family relationships may override the presumption. A beneficiary who would otherwise be disqualified—such as a caregiver or drafter—may still inherit if they are related to the decedent within a certain degree, such as a spouse, domestic partner, or close relative.
  2. Small gifts under $3,000 are exempt. If the total value of the transfer is less than $3,000, there is no presumption that the transfer was invalid, even if the recipient would normally be disqualified.
  3. Payment for caregiving does not remove disqualification. A paid care custodian remains presumed disqualified unless a valid exception applies. Simply receiving compensation for services does not erase the conflict of interest.
  4. Pre-existing relationships don’t guarantee eligibility. Even if the care custodian or other disqualified person had a prior personal relationship with the decedent, the law still presumes disqualification unless specific statutory requirements are met.
  5. Disqualified beneficiaries are not eligible to serve as trustees. If a disqualified person is appointed as a successor trustee. That means the court may remove them under Probate Code §15642 to protect the estate and its beneficiaries.
  6. Drafters and their close contacts are disqualified. The person who drafts a will or trust—and anyone related by blood, marriage, domestic partnership, or employment—is presumed disqualified from inheriting under that instrument.

How the Presumption of Disqualification Works

The presumption of disqualification exists to prevent potential abuse of power. For example, a caregiver or attorney who exerts undue influence over an elderly or ill person to change their estate plan in their favor would be presumed disqualified.

However, this presumption is rebuttable—meaning the beneficiary can present clear and convincing evidence showing the gift was made voluntarily, without fraud or coercion. It typically requires legal representation, credible witnesses, and documentation.

When You Can Challenge a Disqualified Beneficiary

You can challenge a disqualified beneficiary’s right to inherit if you believe:

  • The will or trust was executed under undue influence or fraud,
  • The drafter or care custodian manipulated the decedent, or
  • The decedent lacked capacity when the estate plan was changed.

To contest a disqualified beneficiary, you or your attorney must file a petition with the California probate court. The court will evaluate the evidence and determine whether the disqualification applies under state law.

How The Grossman Law Firm Can Help

For more than two decades, The Grossman Law Firm has represented California beneficiaries and heirs in complex probate and trust litigation. We help clients:

  • Challenge disqualified beneficiaries under the California Probate Code
  • Prove undue influence or incapacity in will or trust creation
  • Remove disqualified individuals from trustee or fiduciary roles
  • Protect legitimate beneficiaries’ inheritance rights

Our firm focuses exclusively on California trust and probate litigation—never estate planning. If you suspect a beneficiary was wrongfully included or excluded, we can help you take action to protect your rights.

At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.

Call (888) 443-6590 or complete our Get Help Now form.

Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.

Related Resources

FAQ

Who counts as a “care custodian”?

A care custodian is anyone who provides health or social services to a dependent adult, including caregivers, nurses, or aides, whether paid or unpaid.

Can a disqualified beneficiary ever inherit?

Yes, if they successfully rebut the presumption with clear evidence showing the decedent acted independently and without undue influence.

What happens if a disqualified beneficiary was named as trustee?

The court can remove and replace them to prevent conflicts of interest and ensure the trust is properly managed.

Originally Published Oct 13, 2016