How to Contest a Will or Trust in California

If you believe a will or trust does not reflect what the person who signed it really wanted, you may be able to challenge it in court. California will and trust contests are governed by short deadlines and specific legal grounds, so it helps to understand the rules before the clock starts. This guide covers the main grounds for a contest, who has standing to bring one, how the deadlines work, and what to do in the first weeks. It is general information, not legal advice about your situation. Maksim Lamash is a probate and trust attorney in Malibu who handles will and trust contests and beneficiary disputes for clients across California.

Will Contest or Trust Contest: What Is the Difference?

A will contest challenges a will that is offered for probate in the superior court. A trust contest challenges a revocable trust, which usually avoids probate but can still be litigated in probate court. In both cases, the central question is whether the document is valid. Other disputes, such as whether a trustee is managing assets properly or is withholding information, are usually handled through beneficiary rights and accounting claims rather than a contest. Our trust and will contests page describes how these cases are handled from start to finish.

Who Has Standing to Contest a Will or Trust?

Standing is the legal right to bring the challenge. California law refers to an “interested person” (Probate Code §48), meaning someone with a financial stake in the estate or trust. In practice, this usually includes heirs who would inherit under an earlier will or under California intestacy law, beneficiaries under a prior version of the plan, and beneficiaries who would receive more if the challenged document were set aside. A friend, a former employee, or a person with no financial interest usually does not have standing. Because a court checks standing early, it should be confirmed at the start of any case.

The Main Grounds: Undue Influence, Lack of Capacity, and Fraud

Undue influence. Under Probate Code §6104, a will or a provision of a will is void if it was procured by duress, menace, fraud, or undue influence. For trusts, Probate Code §15402 applies similar principles. Undue influence is pressure that overcomes the signer’s free will, so the document reflects the influencer’s wishes instead of the signer’s. Courts look at the whole picture rather than one fact. Common warning signs include:

• the signer’s age, illness, or dependence on the beneficiary
• isolation of the signer from family, friends, or other advisers
• the beneficiary’s involvement in arranging the meeting with the drafting attorney or being present when the document was signed
• a new plan that departs sharply from earlier plans or from a natural pattern of gifts
• the beneficiary’s control over finances, medications, or daily care

Certain relationships can trigger a legal presumption of undue influence. Probate Code §21380 lists categories of people, such as caregivers and certain drafters, whose gifts may be presumed to be the product of undue influence. Whether a presumption applies, and whether it can be rebutted, depends on the facts.

Lack of capacity. A person who signs a will must have testamentary capacity. In general, the signer must understand that they are making a will, know the general nature and extent of their property, and recognize the people who would ordinarily be expected to inherit. Trust capacity is evaluated in a similar way. Capacity is judged at the moment the document was signed, not at the time of death. A diagnosis of dementia or another condition does not automatically mean the person lacked capacity. The real question is what the person understood on the day of signing. Useful evidence can include medical records, physician notes, cognitive testing close to the signing date, and statements from people who saw the signer that week.

Fraud and improper execution. Other grounds include fraud, such as a false statement that induced the signer to change the plan, and defects in signing. Examples include a forged signature or an attested will that lacked the required witnesses. Some defects can be proven with documents and testimony, while others cannot. The facts determine which argument fits.

The Deadlines: When a Contest Must Be Filed

The deadline depends on how the document reached the court or the beneficiaries, so it is important to identify the triggering event. The two most common situations are summarized below. Deadlines are counted from specific notices, and the date you received a notice may not be the date that starts the clock.

Situation	General deadline	Key statute
Will offered for probate	Generally 120 days after the court mails notice that the will has been admitted to probate	Probate Code §8270
Trust after the trustee’s notice	Generally 120 days after the trustee serves the required notice	Probate Code §16061.7

For trusts, a trustee generally must notify heirs and beneficiaries after the trust becomes irrevocable. That notice must include a 120-day limitation statement. If the required notice was never served, the analysis changes, and waiting to see whether one arrives is risky. Calendar the earliest possible date from any notice you receive, and get advice before it runs.

What to Do in the First 30 Days

• Request a complete copy of the will or trust, including all amendments, restatements, and any earlier versions you can locate.
• Write a timeline covering the signer’s health, who was present, who arranged the appointments, and when the plan changed.
• Preserve texts, emails, calendars, bank records, and photographs that show the signer’s relationships and condition.
• Identify the signer’s doctors and facilities so that medical records can be requested through the proper legal process.
• Avoid confronting the beneficiary or deleting anything. Statements made in anger can be used against you later.

If the real problem is that a trustee will not share information or account for assets, the remedy may be a request for information or an accounting rather than a contest. Our beneficiary rights page explains those options.

No-Contest Clauses and Possible Outcomes

If the challenge succeeds, the court can set aside the document or the challenged provision. An earlier valid document may then control, or the estate may pass under California intestacy law. Many wills and trusts include a no-contest clause, sometimes called an in terrorem clause. California generally enforces these clauses, but Probate Code §21311 limits when they apply. A clause generally cannot be enforced against a contest brought with probable cause, and it does not reach certain other actions. Because the exact wording matters, the clause should be reviewed before anything is filed.

If the estate is still in probate, a contest may run alongside administration of the estate. Our probate administration page explains how the probate process fits together, and our California probate attorney page covers the broader process.

Frequently Asked Questions

Can I contest a will if I was left out? Possibly. If you would inherit under an earlier will or under intestacy, you may have standing. Whether you have a claim depends on the signer’s capacity, the circumstances of signing, and the documents involved.

Is a diagnosis enough to prove lack of capacity? No. Courts focus on the signer’s understanding at the time of signing. Medical records help most when they describe the condition close to that date.

For more answers, see our frequently asked questions.

Talk with a Malibu Probate and Trust Attorney

Lamash Legacy Law is based in Malibu and represents clients throughout Los Angeles County and across California. Contest cases often depend on medical records, witness accounts, and filings that must be made within short windows, so early review is valuable. Learn more about our Malibu practice and our Los Angeles services.

If you have received a trust notice, a will has been admitted to probate, and you have concerns about undue influence or capacity, call (424) 355-5565 or visit our contact page. Early review can help you decide whether a contest is realistic before a deadline runs.

This article is general information only and does not create an attorney-client relationship. Every case depends on its own facts and documents.