Have you seen families grow apart over disagreements about a loved one’s will? Instead of mourning, they might find themselves in court disputing its validity—a more common issue than many realize. At Blacksburg Law, we help create solid estate plans to avoid these disputes and handle will contests when they arise.
Led by Michael Blacksburg, with experience in advocacy, wealth management, and coaching, our firm takes a thoughtful, values-driven approach to support clients.
This article covers common reasons why wills are challenged under California law, helping you understand the potential causes of disputes and how to prevent them.
Will contests sometimes happen when a family believes the person who signed the will did not fully grasp what they were doing. California Probate Code Section 6100.5 sets out the rules. The individual must be mentally capable of:
An older parent might have advanced dementia and sign a new will that drastically changes who gets the house. Or, a person could be under the influence of heavy medication and not realize they’re disinheriting a child. If someone wants to contest a will on these grounds, they usually have to prove the person lacked the mental ability at the time of signing.
In California, the responsibility for proving or disproving capacity often sits with the challenger. They need to show credible evidence that the testator did not have the mental readiness required by law.
Undue influence occurs when someone pressures the person making the will to such an extent that the final wishes are no longer the testator’s genuine decisions. California courts have shaped how we look at undue influence. A frequent pattern is a caregiver or family member who isolates the senior, insists on changes to the will, and benefits significantly.
An example is where a caregiver convinces an older adult to disinherit their children and leave everything to the caregiver instead. If a family suspects that this shift was caused by wrongful pressure, they can start a will contest on undue influence grounds.
Fraud can invalidate a will when someone tricks or lies to the person creating it. One version happens if a person forges a signature on the will or changes pages without the testator’s knowledge. Another involves someone lying about a loved one’s actions or intentions, so the testator changes beneficiaries based on false information.
A classic scenario is a caregiver telling a senior that a certain child never visits or doesn’t care anymore—knowing that’s not true—just to manipulate the distribution in a new will.
Even if someone has the mental ability to sign a will, they still need to know and approve what it says. If they aren’t fully aware that the document they’ve signed cuts out a major beneficiary or transfers the entire estate to one person, that might invalidate the will.
It’s more likely to be challenged if a new beneficiary prepared the will or if the testator didn’t read or understand the language. This often ties in with undue influence or lack of capacity, but it can stand on its own if the testator seems unaware of the final contents.
California Probate Code Section 6110 spells out how to properly sign and witness a will. Generally, the will must be in writing, signed by the person whose will it is (or by another individual at the testator’s direction), and witnessed by at least two individuals who were present at the same time. Errors in these steps might lead a court to decide the will isn’t valid.
If these basics are skipped, a court could set aside the entire document.
Under California law, an omitted spouse or child could have a right to part of the estate, even if they don’t appear in the will. This right often shows up in sections 21610–21630 for spouses and 21620–21624 for children. These claims aren’t always direct attacks on the will’s validity. Instead, they involve claims that the spouse or child was unintentionally left out. If successful, they can collect a portion of the estate by law.
Maybe someone wrote a will, got married later, and never updated it or they had a child after writing the will. In such cases, the newer spouse or child might be able to step forward and receive their portion. It’s a different kind of legal proceeding but can still affect how the estate is divided.
These disputes can be tough for families who just want a fair outcome. Blacksburg Law helps folks set up estate plans designed to reduce the risk of court fights. We know that efficiency and clarity matter most. If your estate is more than California’s limit for small estates or if you’re concerned about making things easier for your loved ones down the road, reach out to us. We can also represent you or your family if a will contest has already begun.
We welcome you to call us at (415) 508-5600 or visit Blacksburg-Law.com to request a consultation. Michael Blacksburg is well-rated on Yelp and is proud to bring his background in advocacy, wealth management, business consulting, and coaching to every client. He and our tight-knit group believe in thorough listening, open communication, and practical advice. Whether you need a thoughtful estate plan or guidance in a conflict, we’re here to help. We aim to bring you greater peace of mind and keep your loved ones out of unnecessary courtroom drama.
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