When a trust or will doesn’t reflect what you know to be true — you have the right to challenge it. And when someone challenges a document you know is valid — you have the right to defend it.
Trust and will contests are among the most emotionally charged legal disputes. They involve family, grief, money, and often years of built-up tension. These cases require an attorney who understands both the law and the human dynamics behind it.
I handle contest cases personally — building strategy around the specific facts of your family, your evidence, and your goals.
Grounds for Contesting a Trust or Will in California
Undue Influence
Undue influence occurs when someone in a position of trust — a caregiver, family member, or advisor — exerts excessive pressure on the grantor, overcoming their free will. Under California Probate Code §86, undue influence involves excessive persuasion that causes another person to act or refrain from acting in a way that results in inequity. Signs include isolation from family, sudden changes to estate documents, and a beneficiary who controlled access to the grantor.
Lack of Mental Capacity
To create a valid trust or will, the person must have had the mental capacity to understand the nature of their assets, who their heirs are, and what the document does. Medical records, witness testimony, and behavioral evidence can establish that the grantor lacked capacity at the time of signing.
Fraud
If someone misrepresented the contents of a document, tricked the grantor into signing something they didn’t understand, or forged signatures, the trust or will may be invalid. Fraud requires proving both the deception and the grantor’s reliance on it.
Improper Execution
California has specific requirements for how wills and trusts must be signed and witnessed. A will generally requires two witnesses who were present at the signing. If these formalities were not met, the document may be challengeable.
The 120-Day Deadline for Trust Contests
When a trustee sends notice under Probate Code §16061.7, beneficiaries and heirs have 120 days from the date of notice to file a contest. This deadline is strict — miss it, and you lose your right to challenge the trust.
Will contests follow a different timeline and are filed during probate proceedings. In both cases, acting quickly is essential to preserve your rights.
Challenging vs. Defending
I represent both sides of contest litigation:
- For challengers: I investigate the circumstances surrounding the document’s creation, gather evidence of undue influence or incapacity, and build a case for invalidity.
- For defenders: I protect the grantor’s documented wishes, demonstrate proper execution and capacity, and defend against unfounded challenges.
Each side requires a different strategy — and each case requires a strategy built from scratch. I don’t apply templates to contest cases.
What Evidence Matters
- Medical records establishing mental state at the time of signing
- Testimony from witnesses who observed the grantor’s behavior
- Prior versions of the trust or will showing sudden changes
- Evidence of isolation, control, or dependency
- Financial records showing unusual transactions
- Expert opinions on capacity and influence