Attorney
Discovering that a loved one’s will may not reflect their true intentions can be painful and confusing. Whether you suspect a forged signature or believe someone exerted pressure to influence their decisions, it’s important to act carefully and quickly. California law provides clear procedures for contesting a will, but success depends on having solid evidence and sound legal guidance.
Common Signs of a Forged or Coerced Will
While every situation is unique, certain red flags often indicate wrongdoing:
- Unusual handwriting or signatures that don’t match past documents.
- Sudden changes to beneficiaries or asset distribution, especially if they favor a new acquaintance or caregiver.
- Isolation or dependence of the decedent on someone who may have influenced them.
- Lack of witnesses or irregularities in how the will was signed or dated.
- Missing pages or altered sections that raise authenticity concerns.
If you notice any of these issues, do not assume they’re minor details. These inconsistencies could invalidate the will.
Understanding Undue Influence in California
“Undue influence” occurs when someone manipulates a vulnerable person into making decisions they would not have made on their own. California Probate Code §86 and related case law define undue influence as excessive persuasion that overcomes another’s free will.
Courts consider factors such as:
- The relationship between the influencer and the decedent.
- The circumstances surrounding the will’s creation.
- Whether the resulting terms appear unnatural or unjust.
- Signs of mental decline, dependency, or isolation at the time of signing.
If the evidence shows that pressure or manipulation occurred, the court can declare the will invalid.
Steps to Take if You Suspect Fraud or Coercion
Time matters in these cases. California law generally requires you to file a will contest within 120 days of being notified that the will has been admitted to probate. Here’s what to do next:
- Gather evidence. Collect all versions of the will, prior estate documents, and any letters, emails, or notes that may show your loved one’s true intent.
- Interview witnesses. Anyone present at the will’s signing or who observed the decedent’s condition may provide valuable testimony.
- Request handwriting or forensic analysis. An expert may compare the signature or document style to known authentic samples.
- Consult an attorney. A lawyer familiar with probate disputes can help determine if you have a strong claim and guide you through the filing process.
- Act promptly. Waiting too long can limit your options or forfeit your right to challenge the will.
How California Probate Courts Handle Will Contests
When you contest a will in California, the probate court will examine all evidence to determine validity. The burden of proof typically falls on the person alleging fraud or undue influence. This means you must show convincing evidence that the will does not reflect the decedent’s true wishes.
Possible court actions include:
- Invalidating the will entirely, reverting to a prior valid version, or intestate succession rules.
- Striking specific clauses that were altered improperly.
- Ordering mediation or settlement discussions if multiple heirs are involved.
Having an attorney ensures the process is handled efficiently and that your claim is supported by strong, admissible evidence.
Protecting Your Loved One’s Legacy
Even when the will is valid, disputes can cause lasting family conflict. It helps to remember that your goal is not only to protect your inheritance but also to honor your loved one’s true intentions. Seeking professional guidance early can prevent unnecessary tension and safeguard the estate’s assets.
Find Out If You Have Grounds to Challenge the Will
If you believe a will was forged or created under pressure, you don’t have to handle it alone. At Horizon Elder Law & Estate Planning, Inc., we help families throughout California investigate suspicious wills and represent beneficiaries in probate disputes. We can review your evidence, explain your legal options, and take the next steps to protect your loved one’s wishes. Contact Horizon Elder Law & Estate Planning, Inc. today to schedule a confidential consultation.