When a loved one passes away, one of the first practical steps that typically occurs is a search for the decedent’s Last Will and Testament. If one is located, the person named as the Executor of the Will files the original Will, along with other supporting documents, with the appropriate court to initiate the probate proceedings. If you believe that the Will submitted to probate is not valid, you may be entitled to contest the Will using one of several legal grounds on which a Will may be declared invalid, including the use of “undue influence.” The Los Angeles attorneys at Schomer Estate & Wealth Advisors explain what is required to successfully contest a California Will on the grounds of undue influence.
What Does It Mean to Contest a Will in California?
Probate is the term given to the legal process during which estate assets are identified, valued, and eventually passed down to beneficiaries and heirs of an estate. In addition to overseeing the transfer of assets, probate serves to authenticate the decedent’s Last Will and Testament if one was left behind. If someone with standing (meaning the legal right to initiate legal action) believes that the Will is invalid, that person may challenge the validity of the Will by initiating a Will contest. The issue of the Will’s validity must be resolved through a settlement or litigation before the probate process can move forward. If the contestant is successful, the Will submitted for probate is declared invalid and probate proceeds using another valid Will or using the California intestate succession laws. If the Will contest is not successful, the Will is declared valid, and the terms of that Will are used to guide the distribution of estate assets.
Proving Undue Influence in California
In a Will contest, the person challenging the validity of the Will must allege legal grounds by which the Will could be declared invalid. You cannot simply contest a Will because you are unhappy with the terms of the Will. One of the grounds that can be used in a California Will contest is “undue influence.” The Will submitted for probate is presumed to valid, meaning that the person contesting the Will has the burden of proving the Will is invalid.
If you allege that the Will is invalid because “undue influence” was exerted over the Testator (creator of the Will) during the creation and/or execution of the Will, you will need to prove who exerted the undue influence and how that influence was exerted. Undue influence refers to more than someone persuading or influencing a Testator’s decisions when executing a Will. California law defines “undue influence” as “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.” Because the existence of undue influence is based on the specific facts and circumstances surrounding the creation and execution of the Will, California law directs a court to consider all the following when determining if the Will is the product of undue influence:
- The vulnerability of the victim. Evidence of vulnerability may include, but is not limited to, incapacity, illness, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, or dependency, and whether the influencer knew or should have known of the alleged victim’s vulnerability.
- The influencer’s apparent authority. Evidence of apparent authority may include, but is not limited to, status as a fiduciary, family member, care provider, health care professional, legal professional, spiritual adviser, expert, or other qualification.
- The actions or tactics used by the influencer. Evidence of actions or tactics used may include, but is not limited to, all the following:
- Controlling necessaries of life, medication, the victim’s interactions with others, access to information, or sleep.
- Use of affection, intimidation, or coercion.
- Initiation of changes in personal or property rights, use of haste or secrecy in effecting those changes, effecting changes at inappropriate times and places, and claims of expertise in effecting changes.
- The equity of the result. Evidence of the equity of the result may include, but is not limited to, the economic consequences to the victim, any divergence from the victim’s prior intent or course of conduct or dealing, the relationship of the value conveyed to the value of any services or consideration received, or the appropriateness of the change in light of the length and nature of the relationship.
Do You Believe a California Will Is the Product of Undue Influence?
For more information, please join us for an upcoming FREE seminar. If you are concerned that a California Will is the product of undue influence and would like to discuss your legal options, contact the experienced Los Angeles probate attorneys at Schomer Estate & Wealth Advisors by calling (310) 337-7696 to schedule an appointment.
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