What should I do if my will was contested

Navigating a will contest can be a stressful and complex legal battle, triggering emotional distress for all involved. A will contest arises when someone challenges the validity of a will after the death of the testator (the person who made the will). Common grounds for a contest include claims of undue influence, lack of testamentary capacity (the testator wasn’t of sound mind), fraud, or improper execution. It’s vital to understand that these contests aren’t simply about disagreement with the will’s provisions; they require proof of legal deficiencies. Approximately 30-50% of all wills are contested, illustrating the frequency of these disputes and emphasizing the importance of proactive estate planning to minimize such risks.

How Much Does a Will Contest Usually Cost?

The financial implications of a will contest can be substantial. Legal fees can quickly escalate, often ranging from $5,000 to $50,000 or more, depending on the complexity of the case and the length of the litigation. Beyond attorney’s fees, court costs, expert witness fees (e.g., for medical evaluations of testamentary capacity), and deposition costs all contribute to the overall expense. This is particularly true in California, where probate proceedings can be lengthy and costly, given the statutory fees involved for executors and attorneys. Remember that formal probate is required for estates over $184,500 and those statutory, percentage-based fees can quickly add up. It is crucial to have a clear understanding of these potential costs before initiating or defending a will contest.

What Evidence is Needed to Win a Will Contest?

Successfully challenging a will requires compelling evidence. To prove undue influence, the contestant must demonstrate that the testator was susceptible to influence, that the influencer had the opportunity to exert that influence, and that the resulting will reflects the influencer’s desires rather than the testator’s. Evidence might include testimonies from family members, friends, and caregivers, as well as financial records, correspondence, and medical records. To prove lack of testamentary capacity, the contestant must present evidence showing the testator didn’t understand the nature of their act, the extent of their property, or the natural objects of their bounty. Medical evaluations and witness testimony are crucial here. Fraud claims require proof that the testator was intentionally deceived into signing the will. It’s also important to note that California law narrowly enforces no-contest clauses in wills and trusts; these clauses are only enforceable if a beneficiary files a direct contest without “probable cause”.

What Happens if I Lose a Will Contest?

Losing a will contest can have significant consequences. Not only will you be unable to receive the inheritance you sought, but you may also be responsible for the legal fees incurred by the prevailing party. Furthermore, the court may impose sanctions if the contest was brought in bad faith or without a reasonable basis. This can further increase the financial burden. I remember a case where a brother contested his sister’s will, claiming undue influence by her caregiver. He spent over $30,000 in legal fees, only to lose the case when the court found ample evidence that the sister had made a conscious and voluntary decision. The caregiver had assisted her with daily living activities, but there was no evidence that he pressured her regarding the will. This resulted in significant financial and emotional distress for everyone involved.

How Can I Prevent a Will Contest?

Proactive estate planning is the best way to minimize the risk of a will contest. A well-drafted will, prepared with the assistance of an experienced estate planning attorney, can address potential challenges. It’s crucial to ensure the testator has testamentary capacity when signing the will and to avoid any appearance of undue influence. In California, a valid will can be either a formal will (signed and witnessed by two people at the same time) or a holographic will (material terms are in the testator’s own handwriting, no witnesses needed). Documenting the testator’s intentions and ensuring transparency in the estate planning process can further strengthen the will’s validity. I recall assisting a client, David, who was concerned about potential challenges from his estranged son. We meticulously documented his intentions, included a detailed explanation of his estate distribution, and addressed any potential concerns in the will. The estate was settled smoothly and without contest, providing David’s family with peace of mind.

If you are facing a will contest in or around Corona, California, or are seeking to proactively minimize the risk of a contest, it’s crucial to seek legal counsel from an experienced estate planning attorney. Steven F. Bliss ESQ. at Corona Probate Law can provide guidance and representation throughout the process. Remember all assets acquired during a marriage are community property, owned 50/50. A significant tax benefit known as the “double step-up” in basis for the surviving spouse is another factor to consider.

For more information or to schedule a consultation, please call (951) 582-3800.