Contesting a will often feels confusing and intimidating. Many myths surround the process, which complicates understanding what really happens when you decide to challenge a will. It’s important to clear up some common misconceptions you might have heard.
Myth 1: You can contest any will anytime
You cannot contest every will freely. California law sets strict deadlines, usually within 120 days after the will gets officially filed. Missing this deadline means you lose the chance to challenge the will.
Myth 2: Contesting a will always leads to family drama
Disputes can happen, but contesting a will does not automatically cause bitter family feuds. Sometimes, you contest a will to protect your rightful share or to ensure the will is valid.
Myth 3: Only direct heirs can contest a will
California allows certain non-heirs like creditors or other interested parties to contest a will if they believe legal grounds exist.
Myth 4: You must prove fraud to contest a will
Fraud represents just one reason to contest. You can also challenge a will due to lack of mental capacity, undue influence, improper signing, or revocation.
Myth 5: Contesting a will guarantees a large inheritance
Winning a contest does not guarantee you get more than what the will states. It means the court found an issue with the will’s validity.
Myth 6: A handwritten will can’t be contested
California law recognizes handwritten wills, or holographic wills. You can contest them just like any other will.
Clearing things up
Knowing the facts helps you make informed decisions about contesting a will. Understand the legal grounds, deadlines, and who can challenge a will to avoid surprises and unnecessary conflict.
