Common Signs That a Will May Be Invalid in California

When someone you love passes away, their will should ideally reflect their true wishes and intentions. However, this is not always the case. Sometimes, family members notice things that seem off, such as sudden changes or new beneficiaries who came out of nowhere. In California, interested parties can contest a will if there are valid concerns about its creation. If successful, the will may be invalidated.

If you recently lost a loved one, understanding the signs that could indicate a will is invalid can help you protect your rights and ensure your loved one’s estate is managed fairly. Below are some of the common signs that a will may be invalid in California.

1.    The Will Wasn’t Properly Signed or Witnessed

Under California Probate Code Section 6110, for a will to be considered valid, it must be in writing and signed by the testator. A will can also be signed in the testator’s name by another person or by a conservator. Additionally, at least two witnesses must be present at the same time to witness the signing or hear the testator acknowledge their signature.

If a will lacks signatures, has only one witness, or includes witnesses who did not actually witness the signing of the will, it may be deemed invalid. Other warning signs to look out for include missing pages, inconsistent paperwork, or handwritten notes added later.

2.    Sudden or Unexplained Beneficiary Changes

Another major red flag for an invalid will is when the document’s terms suddenly change shortly before the testator’s death. Suspicious changes include:

• A long-time beneficiary being disinherited without any explanation
• A new non-family, such as a caregiver, becomes the primary beneficiary
• Distributing inheritances in ways that contradict past statements or earlier wills

Such abrupt changes could indicate undue influence, which arises when a testator is pressured or manipulated into creating or changing a will in such a way that it benefits the influencer, overcoming the testator’s free will.

3.    Suspicious Circumstances Surrounding the Will’s Creation

The circumstances surrounding the will’s creation can tell a lot. If the circumstances surrounding the document’s creation are suspicious, it may be necessary to contest it. Suspicious circumstances might include:

• The testator was isolated from family and friends prior to the will’s creation
• The primary beneficiary was actively involved in preparing or executing the will
• The will was signed behind closed doors

4.    Signs of Lack of Testamentary Capacity

When making a will, the testator must be of “sound mind.” This means they must understand the nature and extent of their property, remember their relations to potential beneficiaries, and understand the meaning and consequences of creating a will. If the will was created during a period of dementia, delusion, or severe intoxication, it may be invalidated under the ground of lack of testamentary capacity.

What To Do if You Believe a Will Is Invalid?

If you believe your loved one’s will is invalid, it’s crucial to act fast. California has strict time limits for contesting a will. Reach out to a skilled probate litigation attorney as soon as possible for help assessing the will, investigating inconsistencies, and for guidance through the legal process of challenging it.

Contact The Probate Guy

If you believe your loved one’s will is invalid, contact the experienced 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?sectionNum=6110.&lawCode=PROB