If your loved one's estate plan doesn't reflect what you know they truly wanted, or if you suspect someone manipulated, deceived, or pressured them into changing it, you may have the right to challenge it in California court. At Fox Law, our trust and estate litigation attorneys represent heirs and beneficiaries in trust and will contests throughout California, helping families recover inheritances that were wrongfully taken or diverted.

Trust Contests and Will Contests: What's the Difference?

Many people arrive at this question having experienced one or the other and aren't always sure which applies to their situation. The answer usually depends on how your loved one's estate was structured.

• A will (also called a “Last Will and Testament) is a document that directs the distribution of a person's assets through California's probate process after they die.
• A trust (typically a revocable living trust) is a separate legal arrangement that holds assets during a person's lifetime and distributes them after death, usually outside of probate. Many California families use trusts as their primary estate planning tool, sometimes with a "pour-over will" that directs any remaining probate assets into the trust.

The legal grounds for contesting a trust and contesting a will closely parallel each other: undue influence, lack of capacity, fraud, forgery, and improper execution can invalidate either type of document. The procedures and deadlines, however, are different, and this distinction matters enormously in California.

Grounds for Contesting a Trust or Will in California

Undue Influence

Undue influence is one of the most common reasons for both trust and will contests in California. It often occurs when someone in a position of power or trust (like a caregiver, a family member with control over housing or finances, a new romantic partner) uses that influence to override a vulnerable person's free will in the creation or modification of their estate documents.

California Probate Code §21380 creates a legal presumption of undue influence when a trust or will leaves assets to certain categories of people: the person who drafted the document, a person in a fiduciary relationship who caused it to be transcribed, a care custodian of a dependent adult, or a caregiver who entered into a marriage or cohabitation with the person while providing care.

When this presumption applies, the burden shifts to the recipient to prove that the gift was not the product of undue influence, rather than other parties having to prove that it was.

Lack of Mental Capacity

California law presumes every adult has the capacity to make legal decisions, but that presumption can be rebutted. To create a valid will or trust, a person must understand the nature of what they are signing, have a general awareness of their property and its value, and recognize the natural heirs and beneficiaries of their estate.

There are different tests for mental capacity depending on whether the document in question is a will, a trust, or some other kind of document. Under Probate Code §6100.5, a person drafting a will lacks capacity if they cannot understand the nature of creating a will, cannot recollect the general nature and situation of their property, or cannot remember or understand their relationship to their family members.

For wills, trust, and other documents, the person lacks capacity if a mental disorder caused the person to have delusions that directly influenced the disposition of their assets. Incapacity is evaluated at the specific moment the document was signed. People may have good days and bad days with regard to mental clarity; determining which type of day it was for the person in question on signing day is often central to the contest.

Fraud

A trust or will is invalid when a person was defrauded into signing an estate document, or when they were fed false information that materially influenced what they put in their estate plan. Fraud can be direct (intentional deception) or constructive (a breach of a legal duty that results in harm). In either case, the false information must have actually caused the person to act differently than they otherwise would have.

An example would be an heir falsely telling their parent that a sibling had died, causing the parent to remove that sibling from the will. The surviving sibling can contest the will on the grounds that the parent's decision was based on a lie or a mistake of fact.

Forgery and Improper Execution

A will in California must be signed by the testator and witnessed by two disinterested witnesses who sign the will at the same time. If those formalities weren't followed, the will may be unenforceable; however, under Probate Code §6110(c)(2), improper execution can sometimes be overcome by clear and convincing evidence that the testator intended the document as their will.

A holographic will, where the material terms are handwritten and signed by the testator, is recognized under California law without witnesses, but still carries unique evidentiary burdens. If the handwriting is contested, or if the circumstances of the document's creation are suspicious, a holographic will may be vulnerable to challenge.

Forgery, where the signature or the document itself is fabricated, is an absolute basis for invalidation.

Duress and Menace

If a person was coerced into signing a trust or will through threats, physical force, or conduct intended to inspire fear, the resulting document is invalid. Duress and menace claims often overlap with undue influence, but they involve a more direct element of coercion or threat.

Revocation

A properly revoked trust or will cannot be enforced. Questions arise when someone claims a later document (purportedly revoking an earlier one) was itself the product of fraud or undue influence, in which case the original document may be the valid one.

Important Differences Between Will Contests and Trust Contests

Understanding the procedural differences between these two types of contests is critical. Missing a deadline can permanently extinguish your right to challenge the document.

Trust Contests

Trust contest deadlines in California are governed by Probate Code §16061.7 et seq. When a trust becomes irrevocable (typically upon the settlor's death), the trustee must serve notice on all beneficiaries and heirs. Once that notice is served, you generally have 120 days to file a contest (or 60 days from when the trustee provides a copy of the trust, whichever is later). These deadlines are strict and unforgiving.

Will Contests

Will contests are filed in the probate court after the will has been submitted to the probate court for approval. You will be in a much stronger position if you contest the validity of the will before the court approves the will. Under California Probate Code §8270, you have 120 days from the date the court approved the will, or 60 days from when you received notice of the probate proceeding, to file a contest and unwind the court’s approval. However, once the court has approved the will, it is presumed valid; to successfully challenge it, you will need to rebut that presumption of validity.

Both will contests and trust contests involve the California probate court system and require specialized legal knowledge. Contesting a trust or will is not simply a matter of filing an objection; you must present evidence sufficient to overcome the presumption that the document is valid, navigate California's specific procedural requirements, and build a case that can withstand scrutiny at trial if necessary.

No-Contest Clauses: What You Need to Know

Many trusts and wills contain a "no-contest clause" that threatens to disinherit anyone who challenges the document. These clauses cause many rightful heirs to hesitate, often unnecessarily, to challenge an estate plan.

Under California Probate Code §21311, a no-contest clause is only enforceable against a direct contest brought without probable cause. If you file a contest based on credible evidence (the standard being whether a reasonable person with knowledge of the facts would believe there is a reasonable likelihood the contest could succeed), you are protected. The clause is not a blanket prohibition on challenging a trust or will; it is intended to deter frivolous challenges.

This is one of the most important reasons to consult with an experienced California trust and will contest attorney before taking action. A qualified attorney can assess whether your case meets the probable cause standard and advise you accordingly, protecting your inheritance while you pursue justice.

Who Has Standing to Contest a Trust or Will in California?

Not everyone can challenge a trust or will. You must have legal standing, which means that you have sufficient legal interest in the outcome. For a trust, people with standing to file a contest typically include:

• Current beneficiaries
• Beneficiaries under prior versions of the trust
• Certain heirs who would have received assets had the challenged document not existed.

For a will, you generally must be a named beneficiary, an heir who would inherit under intestacy (California's default inheritance law), or a beneficiary under a prior will.

If you're unsure whether you have standing, that's precisely the kind of question we can answer in an initial consultation.

Frequently Asked Questions

Can I contest just one amendment to a trust, rather than the entire trust?

Yes. Many contests target a specific amendment rather than the entire trust document, particularly when a vulnerable person made a late-in-life change that disproportionately benefited one person. If that amendment is invalidated, generally the prior version of the trust controls.

What if I think the trustee is mismanaging the trust. Is that a trust contest?

No. Trustee mismanagement and trust contests are different legal actions. Challenging a trustee's conduct (breach of fiduciary duty, self-dealing, failure to account) is an action against the trustee, not a contest of the trust's validity. Importantly, pursuing a trustee for misconduct does not trigger a no-contest clause because you are seeking to enforce the trust, not invalidate it.

What happens if a trust contest is successful?

If a court finds a trust or an amendment invalid, the assets are typically distributed according to the prior valid version of the trust, or by California's intestacy laws if no valid document exists.

What evidence is used in trust and will contests?

These cases are often built on circumstantial evidence: medical records documenting cognitive decline, financial records showing exploitation, communications demonstrating isolation, testimony from family members, caregivers, and attending physicians, and records from the attorney who drafted the documents.

Can I contest a trust or will if my loved one is still alive?

In some circumstances, yes. A trust can be challenged during the settlor's lifetime in specific situations. More commonly, if a loved one is being manipulated while still living, the more immediate remedy may be conservatorship, or other protective actions.

Talk to a California Trust & Will Contest Attorney — No Cost Consultations

If you believe a trust or will doesn't reflect your loved one's true wishes, or that someone with access and influence steered that document to their own advantage, you have every right to have your situation evaluated by an attorney who focuses on exactly this kind of case.

Fox Law represents clients in trust and will contests throughout the greater Sacramento region and the state of California. Contact us to schedule a no-cost initial consultation.