Trust Law Partners Blog

Can a Handwritten Will Be Contested In California?

Yes, and Here’s How

  After a loved one passes away, the discovery of a will can bring a sense of order to a difficult time. But when that document is a surprise handwritten will, filled with questionable terms that disinherit rightful heirs or favor an unexpected person, it can create more pain and confusion.    If you are staring at a document that does not reflect your loved one’s true wishes, you may have the right to contest a handwritten will in California probate court. The law provides protections for beneficiaries who believe a will was created under suspicious circumstances, through coercion, or by someone who was not mentally sound.   

What Makes a Handwritten Will (Holographic Will) Valid in California?

In California, a handwritten will is officially known as a “holographic will.” Unlike a formal will typed by a lawyer, a holographic will does not require witness signatures.    However, it must meet strict legal requirements to be considered valid by a probate court. The will may be thrown out if any of these conditions are not met. For a holographic will to be upheld, it must satisfy all of the following criteria under California Probate Code § 6111:  

• The Signature: The will must be signed by the person who wrote it, called the testator. The signature can appear anywhere on the document, but it must be present.
• The Handwriting: The most significant parts of the will, including the gifts of property and the names of the beneficiaries, must be in the testator’s own handwriting. A will that is partially typed may face intense scrutiny.
• Testamentary Intent: The document must clearly show that the person who wrote it intended for it to serve as their last will and testament. 

 

Grounds to Challenge a Handwritten Will

Even if a holographic will appears to meet the basic requirements, you still have the right to challenge its legitimacy. A successful will contest hinges on presenting clear evidence that proves the will is invalid for one or more specific legal reasons.    These reasons are known as “grounds” for a contest.  

Lack of Testamentary Capacity

A person creating a will must have the mental ability to make these decisions. This is called “testamentary capacity.” It can be invalidated if the testator was not of sound mind when they wrote or signed the holographic will.  

Undue Influence When Disputing a Will

Undue influence is a common reason for disputing a handwritten will. This occurs when a person uses their position of power or trust to manipulate a testator into creating or changing a will for their own benefit. 

Fraud or Forgery in the Will’s Creation

Fraud and forgery are direct forms of deception used to create an illegitimate will. A successful challenge on these grounds can immediately invalidate the document and may even lead to criminal charges against the wrongdoer.   Examples of fraud and forgery include:  

• Fraud in the Inducement: The testator is tricked by lies into leaving assets to a specific person. For example, a manipulative child might falsely tell their parent that their sibling is wealthy and does not need an inheritance, inducing the parent to write them out of the will.
• Fraud in the Execution: The testator is deceived about the nature of the document they are signing. They may have believed they were signing a different legal document when, in fact, it was a holographic will.
• Outright Forgery: The entire will, including the signature, is a fake created by someone else to steal an inheritance.

 

Invalid Execution or Revocation

A holographic will can also be challenged on technical grounds. If it fails to meet the strict legal standards for its creation or if it was already revoked, the court will not enforce it.   Common reasons for this type of challenge include:  

• Improper Creation: Key provisions of the will were not in the testator’s handwriting, violating a core requirement for holographic wills.
• Prior Revocation: The testator created a newer, formal will that explicitly revoked all previous wills, including any handwritten ones.
• Destruction of the Will: The testator physically destroyed the will with the intent of revoking it, but another person presented a copy to the court.

 

How to Contest a Handwritten Will in Probate Court

Taking legal action requires a methodical approach. When you suspect a holographic will is invalid, you should focus on gathering proof and initiating a formal legal challenge within the court system.    The process begins at home, with the documents and information you have available.  

Step 1: Secure and Analyze the Will

Your first action is to obtain a copy of the holographic will that has been presented. Read it carefully. Compare the handwriting and signature to other documents you know your loved one wrote.   Take note of anything that seems wrong, such as:  

• Unusual phrasing or words the testator would never use.
• Spelling errors from a person who was a meticulous speller.
• A shaky or uncertain signature that looks different from their normal one.
• Provisions that benefit a person who had a coercive relationship with the testator.

 

Step 2: Begin Gathering Your Evidence

A will contest is won with evidence. You must build a strong foundation of proof to support your claims. Do not wait to start collecting information that could become the bedrock of your case.   Key pieces of evidence to look for include:  

• Medical Records: These are vital for proving a lack of testamentary capacity. Records showing a diagnosis of Alzheimer’s, dementia, or another cognitive impairment are powerful.
• Financial Statements: Bank records, property deeds, and investment statements can show a pattern of financial abuse or reveal the true extent of the testator's estate.
• Communications: Emails, text messages, and letters can reveal the testator's true intentions or expose a manipulator's coercive behavior.
• Witness Information: Make a list of names. Identify friends, family, neighbors, and caregivers who can testify about the testator’s mental state or their relationship with the person unfairly benefiting from the will.

 

Step 3: File a Formal Will Contest with the Court

A will contest is a lawsuit. To start one, your attorney will file a formal petition with the California probate court overseeing the estate. This petition officially notifies the court and all interested parties that you are challenging the validity of the holographic will.   The petition must outline:  

• Your legal standing to contest the will (for example, as a disinherited child or a beneficiary from a prior, valid will).
• The specific legal grounds for your challenge (e.g., undue influence, lack of capacity).
• A summary of the facts that support your claim.

  You must act quickly. California law imposes strict deadlines, known as statutes of limitation, for filing a will contest. Missing this window will permanently bar you from bringing a challenge.  

Step 4: Participate in Discovery and Litigation

Once the petition is filed, the case enters the litigation phase. This stage, called "discovery," allows both sides to gather evidence through formal legal procedures.   The discovery process often involves:  

• Depositions: Your attorney will question witnesses under oath, including the person accused of undue influence.
• Interrogatories: These are written questions sent to the opposing party, which they must answer in writing and under oath.
• Subpoenas for Documents: Your legal team will demand relevant documents, such as the testator’s medical records or communications from the person who benefited from the will.

  Many cases are resolved through mediation or a settlement. However, if the other side refuses to be reasonable, your case will proceed to a trial where a judge will decide the outcome.  

Proving Your Case When Challenging a Handwritten Will

Evidence is the language of the court. A judge will not invalidate a will based on suspicion alone. You need to present compelling proof that supports your legal claims. This is where a strategic legal team makes a significant difference.   The type of proof required depends on the grounds for your contest. A comprehensive case often uses multiple forms of evidence to paint a clear picture for the judge.  

• For a Lack of Capacity Claim:
  • Testimony from doctors or other medical providers.
  • Medical records detailing cognitive decline or mental illness.
  • Testimony from friends and family who witnessed the testator's confusion or irrational behavior.
• For an Undue Influence Claim:
  • Testimony from witnesses who saw the manipulator isolating or controlling the testator.
  • Financial records showing the manipulator suddenly receiving large sums of money.
  • The testimony of a trusted adviser, like a former attorney or financial planner, who was pushed away.
• For a Forgery or Fraud Claim:
  • The testimony of a forensic handwriting analyst who can confirm the writing or signature is a fake.
  • Evidence that the person who benefited from the will had access to the testator’s signature or other documents.

 

Frequently Asked Questions About Contesting a Handwritten Will

Family members facing a suspicious holographic will often share similar concerns about what lies ahead.    Here are answers to some common questions.   How much time do I have to contest a will in California? You must act quickly. Generally, you have only 120 days from the date the will is admitted to probate to file a contest. The clock starts ticking once the court formally accepts the will, so prompt action is necessary to preserve your rights.   What if the holographic will contains a "no-contest" clause? A no-contest clause, or "in terrorem" clause, states that any beneficiary who challenges the will and loses will forfeit their inheritance. While these clauses are enforceable in California, they are not absolute.    If you file a contest with "probable cause," meaning you have a strong, evidence-based reason to believe the will is invalid, the court will not enforce the clause against you even if you do not win.   Do I really need a lawyer to contest a will? A will contest is a complex lawsuit, not a simple disagreement. You will face an opposing attorney whose only job is to defeat your claim. Without legal representation, you will be at a severe disadvantage when gathering evidence, meeting court deadlines, and arguing your case before a judge.   What if I cannot afford to hire a probate litigation attorney? This is a major concern for many people. The person defending the will often uses money from the estate to pay their legal fees. Fortunately, some of the most determined probate litigation firms handle will contests on a contingency fee basis.    This means you pay no attorney’s fees upfront. The firm is only paid if they successfully win your case and recover money for you.  

Don't Let a Suspicious Will Be the Final Word

When your family’s legacy is on the line, you cannot afford to stand by and let a questionable document dictate the future. The law provides a path to fight back, but it demands courage and decisive action.    The attorneys at Trust Law Partners are tenacious trial lawyers who have built a reputation for taking on the most challenging and contentious estate disputes in California and Texas. We stake our reputation on our work, and we are prepared to fight for families, disinherited beneficiaries, and charities who have been wronged.  

• Pasadena, CA: (626) 956-3500
• Silicon Valley, CA: (650) 502-6292
• Locations also in: San Diego, Newport Beach, Santa Barbara, and Dallas.

  Call Trust Law Partners today for a consultation to protect what is rightfully yours.