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Will Contests
Challenging or Defending the Validity of a Will
When the contents of a will don’t reflect what a loved one previously communicated—or raise suspicions of fraud, coercion, or incapacity—a will contest may be necessary. At Burrey Law Group, Inc., we help individuals challenge or defend wills through the probate process with strategic, respectful legal advocacy.
These cases are emotionally charged and legally complex. Whether you believe a will was altered unfairly or you’re a named beneficiary defending against a challenge, we’re here to protect your rights and honor your loved one’s true intentions.
What Is a Will Contest?
A will contest is a formal legal challenge that seeks to invalidate all or part of a will. These claims are typically brought during the probate process and must be based on legally recognized grounds such as:
Lack of testamentary capacity (the decedent did not understand what they were signing)
Undue influence by a caregiver, family member, or other party
Fraud, forgery, or suspicious circumstances
Improper execution (not meeting the legal requirements for a valid will)
Existence of a more recent valid will
Who Can Contest a Will?
Generally, only individuals with “standing” may contest a will. This includes:
- Heirs who would have inherited under a previous will or intestate succession
- Beneficiaries named in prior versions of the will
- Individuals who were disinherited under suspicious circumstances
If you believe the will is invalid or does not reflect the decedent’s true wishes, it’s critical to act promptly. There are strict deadlines for filing a contest once the probate process begins.
How We Help
Our firm represents both challengers and defenders in will contests. We offer:
- Request accountings on your behalf
- Review existing reports for accuracy and red flags
- Determine if a legal breach has occurred
- Advocate for your right to transparency and fair treatment
Beneficiaries have the right to understand how the trust is being managed and to question inconsistencies. Our role is to ensure your voice is heard and your rights are protected.
Illustrative Example
Consider this situation: After a loved one passes away, their latest will unexpectedly leaves the entire estate to a neighbor who became unusually involved during their final year of life. Family members who were previously named as beneficiaries recall promises and intentions that no longer appear in the new will.
In cases like this, a legal team may investigate the timing of the will, assess the decedent’s health and capacity, and look for signs of undue influence. With the right evidence and representation, it may be possible to contest the will and uphold the true intentions of the decedent.
How long do I have to contest a will?
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In most cases, you must file a will contest within 120 days of receiving notice that the will has been admitted to probate.
What if I find an older will?
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An older will may still be valid if the newer one is successfully contested. We can help determine which version of the will should be enforced.
Does contesting a will always lead to a trial?
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Not necessarily. Many will contests are resolved through mediation or settlement without going to trial.
Can I be disinherited for contesting a will?
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Some wills contain “no-contest” clauses, but California law limits their enforcement in certain circumstances. We can help evaluate your risk.
What if I suspect forgery or fraud?
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These are serious allegations that must be supported by strong evidence. We can help investigate and present your case.
Frequently Asked Questions
Some of your burning questions have been answered.
Get in touch Protecting Legacies and Uncovering the Truth
Will contests are about more than legal documents—they’re about preserving dignity, fairness, and the true wishes of those who have passed. At Burrey Law Group, Inc., we offer experienced guidance and compassionate representation throughout the probate process.
Contact us today to learn more about how we can help with your will contest.