Losing a loved one is painful—but finding out you’ve been left out of their will can feel like a second blow. The shock, confusion, and sense of injustice can be overwhelming, especially if you had a close relationship with the deceased or were promised something during their lifetime. While some exclusions are lawful and intentional, others result from undue influence, mental incapacity, or fraud. The good news is, you don’t have to accept an unfair will at face value. With help from a knowledgeable contested will attorney, you can legally challenge the will and fight for your rightful share.
Why Do People Get Left Out of Wills?
Being excluded from a will isn’t always suspicious—but it often raises questions. Some common (and sometimes questionable) reasons people are left out include:
- Last-minute changes to the will
- Influence from new spouses, caregivers, or estranged relatives
- Declining mental capacity at the time of signing
- Clerical errors or outdated documents
- Intentional omission due to personal or family disputes
According to the American Bar Association, more than 20% of will disputes involve children or siblings who were suddenly excluded from updated versions of estate plans.
Real-Life Example: The Disinherited Daughter
Consider Maria, whose elderly father named her and her brother as equal heirs in his 2015 will. In 2021, just two months before his passing, a new will was introduced that left everything to the brother. Maria, shocked and confused, knew her father would never have made that change willingly.
With the help of a contested will attorney, Maria gathered medical records showing her father had advanced Alzheimer’s when the new will was signed. The court ruled that he lacked the mental capacity to make such changes, and the 2015 will was reinstated.
This example shows how the legal system can correct unjust exclusions—when you act quickly and strategically.
Can You Challenge a Will in California?
Yes. California law allows individuals to contest a will under specific legal grounds. Here’s what a court considers valid reasons:
- Lack of Testamentary Capacity
If the deceased did not understand the nature and consequences of making the will due to mental illness or cognitive decline, the will may be invalid.
- Undue Influence
If someone manipulated the testator (will-maker) through pressure or control, especially during a vulnerable time, the court may rule that the will is not genuine.
- Fraud or Forgery
A forged signature or false information used to mislead the testator invalidates the document.
- Improper Execution
California law requires strict formalities, such as proper witnessing. A will not meeting these requirements may be thrown out.
A seasoned contested will attorney can assess your situation and guide you through the process of building a solid legal challenge.
How to Legally Challenge a Will
Here’s a simplified breakdown of the legal process involved in contesting a will in California:
Step 1: Speak to an Attorney Immediately
Time is critical. You typically have 120 days after the will is submitted to probate to file an objection. Delaying may cost you your legal right to contest.
Step 2: Gather Evidence
Your attorney will help you collect medical records, witness statements, previous versions of the will, and any communications that support your claim.
Step 3: File a Petition with the Probate Court
This is your formal objection to the will. The petition outlines why you believe the will should be invalidated.
Step 4: Mediation or Court Proceedings
Many cases resolve in mediation, where both sides negotiate an agreement. If not, the court will hold a hearing, review the evidence, and decide whether the will stands or is set aside.
Do You Have a Strong Case?
Not every exclusion is illegal. But if you notice the following, your claim may be valid:
- A new will surfaced just before death
- The primary beneficiary is someone new or unexpected
- The deceased had serious health issues when the will changed
- You were previously included and suddenly removed
- You suspect documents were altered or forged
A contested will attorney can evaluate these red flags and advise whether legal action is in your best interest.
Financial and Emotional Considerations
Contesting a will can be emotionally difficult—especially when it involves close family. It can also be expensive, depending on the complexity and length of the case. However, in many situations, the estate itself may cover legal costs if your claim is successful.
Beyond the money, this process is often about more than inheritance. It’s about fairness, respect, and preserving your loved one’s real wishes.
The Role of a Contested Will Attorney
An experienced attorney will:
- Listen carefully to your concerns and review the will and related documents
- Advise on the strength of your legal position
- Develop a strategic plan for negotiation or court
- Handle all filings, deadlines, and legal arguments
- Fight to restore your rightful place in the estate
Attorneys not only bring legal knowledge—they also bring calm and structure during emotionally charged situations.
Take Legal Action to Protect What’s Yours
Being left out of a will doesn’t always mean the end of the road. If you suspect something isn’t right—whether it’s undue influence, lack of mental capacity, or outright fraud—you have the power to act. The law is on your side, and with the right legal support, you can seek justice and reclaim what’s rightfully yours.
Don’t let confusion, grief, or fear of family conflict stop you from exploring your rights. Contact a trusted contested will attorney today and take the first step toward resolving the unfairness—and protecting your legacy.
