In California, interested parties may contest a will on a number of specific grounds. The will contest must be brought no later than 120 days from the date the subject will has been admitted to probate. The grounds for contesting a will in California include and are not limited to:

a) Capacity;
b) Mental disorder and delusion;
c) undue influence;
d) duress;
e) revocation;
f) Mistake; and
g) Misrepresentation.

Many of these grounds dove-tail together and it is significant to remember that burden of setting aside the will or the specific gift provision in the will always lies with the person seeking to make the challenge. The term “interested party” is not specifically defined in the California probate code and will be assessed by the Courts in each specific contest. Interested parties can include: children, spouses, registered domestic partners, and other beneficiaries.

If you believe that you have a reason to contest a will in California, contact Kushner Legal today to schedule a consultation.