By Corcoran Smith Law Corp. · Published 2026-08-16 · Updated 2026-09-21

California Will Litigation

California will litigation challenges whether a will is valid, or whether it left someone out by accident. The grounds are undue influence, duress, menace, fraud and lack of capacity. A petition to revoke probate of a will must generally be filed within 120 days of admission.

Two stapled documents laid side by side on a dark desk, one aged and yellowed, the other crisp and white, a pair of reading glasses between them. — A will litigation case asks one narrow question: was this document the free and informed act of the person who signed it?

What can be challenged

California law is direct about the effect of pressure on a will. Under Probate Code section 6104, the execution or revocation of a will, or of any part of a will, is ineffective to the extent it was procured by duress, menace, fraud, or undue influence. Lack of testamentary capacity is a separate ground, asking whether the person understood the nature of the act, the property involved, and their relationships to those who would ordinarily receive it. Timing then governs everything: a petition to revoke probate of a will must generally be filed within 120 days after the will is admitted to probate. The no contest clause that appears to forbid all of this is narrower than it reads — section 21311 enforces such a clause only against a direct contest brought without probable cause, against a pleading challenging a transfer on the ground the property was not the transferor’s, and against a creditor’s claim, the last two only where the clause expressly says so.

Sources: Probate Code s.6104 - Duress, menace, fraud, or undue influence · Probate Code s.8270 - Petition to revoke probate of will · Probate Code s.21311 - When a no contest clause is enforceable · Verified 2026-08-04.

Which claim you have

For a challenge to the validity of a will, start with contesting a will in California. This hub also links to the specific grounds and related disputes below.

Will or trust? They run on different clocks

Most substantial California estates are held in a living trust rather than passed by will alone, and many families have both at once. A will challenge turns on admission to probate; a trust contest turns on the trustee’s notice. If you have received a letter and are not sure which you are dealing with, that is ten minutes on the phone rather than a guess — see trust litigation.

Common questions

What are the legal grounds for contesting a will in California?

Under California Probate Code section 6104, the execution or revocation of a will, or of any part of a will, is ineffective to the extent it was procured by duress, menace, fraud, or undue influence. Lack of testamentary capacity is a separate ground. California will litigation can also challenge whether a will left someone out by accident.

Does a no contest clause stop someone from challenging a will in California?

It depends on the kind of challenge. Under California Probate Code section 21311, a no contest clause is enforceable only against a direct contest brought without probable cause, a pleading challenging a transfer on the ground the property was not the transferor's, and a creditor's claim, the last two only where the clause expressly says so. Probable cause exists where the facts known at filing would cause a reasonable person to believe there is a reasonable likelihood the requested relief will be granted after further investigation or discovery.

What happens if a child is born after a parent signs a will in California?

Under California law, a child born or adopted after the execution of all of the decedent's testamentary instruments, and omitted from them, receives a share of the estate equal in value to what the child would have received had the decedent died without executing any testamentary instrument. Statutory exceptions apply, including an intentional omission apparent from the instrument. It is one way California will litigation addresses a will that left someone out by accident.

What if a California will left out a child the parent thought was dead or never knew of?

Where a California testator failed to provide for a living child solely because, when executing all testamentary instruments effective at death, the testator believed the child to be dead or was unaware of the child's birth, that child receives a share of the estate equal in value to what the child would have received had the decedent died without executing any testamentary instrument. The rule applies only where the omission was solely because of that belief or lack of knowledge.

Need help with legal fees?

We litigate select cases on contingency, with no upfront fees.

Costs are separate from the fee, and whether you are responsible for them is set out in the written agreement before you sign anything.

You pay no fee unless there is a recoveryThe firm carries the risk of the case. If nothing is recovered, no fee is owed.

The rate is negotiable, and must say soCalifornia requires the written agreement to state that the fee is not set by law.

Costs are separate, and disclosed up frontThe agreement must state how costs affect the fee before you sign it.

How contingency fees work in California

A contingency fee means the attorney is paid from what is recovered rather than by the hour, so a beneficiary who cannot fund litigation out of pocket can still bring a claim. California regulates these agreements closely. Under Business and Professions Code section 6147, the agreement must be in writing and the attorney must give the client a duplicate copy, signed by both, when the contract is made. It must state the agreed contingency rate; how disbursements and costs incurred in prosecuting or settling the claim will affect that fee; and to what extent the client could be required to pay for related matters. Unless the matter falls under section 6146, the agreement must also state that the fee is not set by law and is negotiable. These are not formalities: failure to comply with any provision of section 6147 makes the agreement voidable at the client’s option, leaving the attorney entitled only to a reasonable fee.

Sources: Business and Professions Code s.6147 - Contingency fee contracts · Verified 2026-08-03.

Not every matter suits a contingency arrangement, and the firm does not take every case on one. Whether yours qualifies depends on the facts, the likely recovery, and the assets actually available to satisfy a judgment. Ask when you call.

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