Can You Contest a Will Changed Shortly Before Someone’s Death?

When a will is changed just days, weeks, or even months before a person dies, it can raise many questions. Why was the will suddenly changed? Did the person fully understand what they were signing? Was there someone pressuring them during a vulnerable moment? These concerns are quite common, especially when a new will significantly alters who inherits what.

In California, just because a will was altered shortly before someone’s passing doesn’t mean it’s automatically invalid. People can update their estate plans whenever they want, even close to the end of their lives. However, a will that was changed last-minute could be contested if there are valid legal grounds. Read on to learn more!

Does California Allow You to Challenge a Last-Minute Will?

Yes. A will written or changed shortly before someone’s death can be contested in California if there are legal grounds to question its validity.

A probate court generally focuses on whether the will reflects the true wishes of the person who created it, known as the testator. So, a person challenging the will must usually provide evidence showing that something or someone influenced the creation or execution of the document.

Simply believing that the new will is unfair is usually not enough. California law allows individuals to leave their property to anyone they choose, even if family members disagree with the decision.

Signs a Recent Will May Be Invalid

A last-minute will may deserve closer review when unusual circumstances exist, such as:

• The person changed their will shortly before death without a clear explanation.
• The new will benefits someone who recently became involved in their life.
• The person was suffering from serious illness, confusion, or cognitive decline.
• The person was isolated from other family members before signing the will.
• Someone else arranged the lawyer or controlled communication.

These circumstances don’t automatically prove wrongdoing, but they may serve as important evidence in a will contest.

Challenging a Will Based on Undue Influence

Under California Probate Code section 6104, a will can be ineffective if it was created through duress, menace, fraud, or undue influence. Undue influence is one of the most common reasons people challenge recently created or altered wills. It occurs when someone uses pressure or manipulation to influence another person’s decisions.

For example, if an elderly person depends heavily on a caregiver and that caregiver pressures them into changing their will for personal benefit, the circumstances may raise concerns about undue influence.

What Evidence Can Help Contest a Will?

Successful will contests often rely on evidence showing what happened before and during the will signing. Useful evidence may include:

• Medical records showing a mental condition or cognitive problems
• Prior versions of wills
• Emails, texts, or other communications
• Witness statements from family members or friends
• Attorney notes and other estate planning documents

The strength of a will contest depends heavily on the specific facts and available evidence.

How a California Probate Attorney Can Help

Challenging a will can be complex, so it’s best to work with a lawyer. An experienced probate attorney can review the circumstances surrounding the will’s creation or alteration, identify possible grounds for contesting it, and help determine whether the available evidence supports a legal challenge.

Contact The Probate Guy

If you believe a loved one’s last-minute will does not reflect their true wishes, contact the dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.

Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6104.