Table of Contents
Key Takeaways
- Not everyone can challenge a will in California.
- To challenge a will, you need standing. That means the result of the case must have a real impact on your rights or inheritance.
- Beneficiaries, heirs, and people named in an earlier will often have standing to bring a will contest.
- If you think your loved one’s will was changed because of pressure, fraud, or confusion, it’s important to talk with an attorney sooner rather than later. Early advice can help you protect your rights.
What Does "Standing" Mean?
Finding out that a loved one changed their will just before they passed can leave you with questions. Even if something feels off, that by itself does not mean you can bring a case to court.
Before a California court will hear a will contest, you must have standing. In simple terms, standing means you have a direct financial interest in the outcome of the case.
At The Grossman Law Firm, Attorney Scott Grossman helps beneficiaries and heirs throughout California determine whether they have standing before pursuing probate litigation.
Who Can Contest a Will in California?
While every situation is different, the following people commonly have standing to challenge a will:
- A beneficiary named in the current will.
- An heir who would inherit if there were no valid will under California’s intestate succession laws.
- A beneficiary named in an earlier will who would inherit if the court determined that the newer will was invalid.
Having standing does not automatically mean you will win a will contest. You must also prove valid legal grounds, such as:
- Undue influence
- Fraud
- Lack of testamentary capacity
- Improper execution of the will
For more on how to contest a will, check out our article “Contesting an Unfair Will.”
FAQ
Can anyone contest a will in California?
No. Only people with standing may challenge a will.
Does being left out of a will automatically give me standing?
Not necessarily. Whether you have standing depends on your legal interest in the estate and how the outcome of the case would affect your inheritance.
How do I know if I have standing?
A California probate attorney can look at your situation and let you know if you have the right to contest the will.
Related Resources
- Overview of California Probate Litigation
- California Probate Litigation Guide: From Will Creation to Final Resolution
- What Are an Executor’s Duties in California?
- How to Get a Copy of a Will in California as a Beneficiary?
- Executor’s Duties in California: What Happens If They Breach Their Fiduciary Duty?
- What If the Executor Won’t File the Will?
- Can’t Afford a Probate or Trust Attorney?
How The Grossman Law Firm Can Help
If you think your loved one’s will does not reflect what they really wanted, the first thing to find out is whether you have standing to challenge it. The sooner you act, the easier it is to protect your rights and gather the information you need.
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 to discuss your situation and learn whether you may have grounds to contest a will.
Our Intake Specialists can evaluate your case at no cost. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: Oct 16, 2016