A will contest or trust contest is a probate court dispute challenging whether a will or trust (or an amendment) is valid, enforceable, or accurately reflects the decedent's intent. These cases often arise after late-life changes, family conflict, caregiver involvement, sudden disinheritance, or unexplained transfers. At Westlake Law Group, we represent heirs, beneficiaries, trustees, and fiduciaries in will and trust contests in Ventura County and Los Angeles County, including claims involving undue influence, lack of capacity, fraud, and improper execution.

Will and trust contests are deadline-sensitive. Evidence can disappear quickly, and statutory notices may start limitation periods. If you believe a will or trust change was improper, call (818) 444-2022 to schedule a confidential consultation.

What Is a Will Contest?

A will contest is a court action challenging a will's validity or specific provisions. Will contests typically occur in a probate administration after a petition is filed to admit the will. California's wills statutes are in Division 6 of the Probate Code:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=6.&lawCode=PROB

Will contests commonly focus on whether the will was properly executed and whether the testator had legal capacity and freedom from improper pressure at the time of signing.

What Is a Trust Contest?

A trust contest challenges the validity of a trust, a trust amendment, or a trust restatement—often in a probate court trust proceeding. California's trust law is in Division 9 of the Probate Code:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=9.&lawCode=PROB

Many trust contests are brought through petitions concerning the internal affairs of a trust under Probate Code procedures. A commonly used trust petition statute is Probate Code section 17200:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=17200

Common Grounds for Will and Trust Contests

While every case is fact-specific, will and trust contests commonly allege one or more of the following:

Lack of capacity

A challenge asserting the person did not understand what they were signing or the nature of their assets and relationships at the time of execution. California's statutory capacity provisions appear in Probate Code section 6100.5:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6100.5

Undue influence

A claim that someone overcame the decedent's free will through pressure, manipulation, isolation, or coercion. California's Probate Code defines “undue influence” by reference in Probate Code section 86:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=86

Fraud or forgery

Claims that a signature, document, or material representation was falsified or that the decedent was deceived into signing.

Improper execution or formalities

A claim that statutory requirements for execution were not met. California's will execution requirements are addressed in Probate Code section 6110:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6110

Improper revocation, lost wills, or competing instruments

Disputes involving which document controls, whether an earlier plan was properly revoked, or whether a later instrument supersedes prior documents. California's revocation statutes are in Division 6 of the Probate Code:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=6.&lawCode=PROB

Disqualified transfers and “interested” drafters or fiduciaries

Some contests involve allegations that the person who drafted or procured the instrument benefited improperly or that a statutory presumption applies. California's “disqualified persons” provisions appear in Probate Code sections 21380–21392:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=11.&part=3.&lawCode=PROB

No-contest clause issues

Some disputes involve whether a no-contest clause is enforceable and whether a specific pleading triggers it. California's no-contest clause rules are in Probate Code sections 21310–21315:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=11.&part=3.&lawCode=PROB

Trust Notice, Deadlines, and Why Timing Matters

In many trust administrations after death, trustees must serve a formal notification to beneficiaries and heirs. Probate Code section 16061.7 addresses the “notification by trustee”:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16061.7

When that notice is properly served, deadlines for certain actions may be triggered. Probate Code section 16061.8 addresses the limitation period tied to that notice:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16061.8

Because the procedural posture and notice history can change the available options, an early review of the served documents and timelines is often critical.

How Will and Trust Contests Proceed in Probate Court

Most contests involve a progression that may include:

  • Initial petition filing and responsive pleadings
  • Temporary relief requests (when asset protection is needed)
  • Exchange of required notices and service
  • Discovery (subpoenas, document demands, depositions)
  • Evidentiary development (medical records, caregiver records, financial records)
  • Motions and court hearings
  • Settlement conferences or mediation in appropriate cases
  • Trial, if the matter does not resolve

Probate and trust procedures are governed by the Probate Code and the California Rules of Court:
https://www.courts.ca.gov/rules.htm

Evidence Commonly Used in Will and Trust Contests

Contests are evidence-driven. Typical categories include:

  • Medical records and capacity history (diagnoses, medications, cognitive assessments)
  • Witness and notary testimony (signing circumstances, who was present, what was said)
  • Attorney file and drafting history (prior plans, changes, instructions, communications)
  • Financial records and transfers (new joint accounts, large withdrawals, unusual checks)
  • Caregiver and facility records (visitor logs, isolation patterns, care plans)
  • Digital evidence (texts, emails, and call patterns that show pressure or coordination)

When financial irregularities are suspected, accounting disputes may overlap with the contest. Fiduciary accounting and record issues are governed by trust and probate procedures and can become central in litigation.

Remedies and Outcomes in Will and Trust Contests

Depending on what is proven, probate courts can issue orders such as:

  • Invalidating a will, trust, or amendment (in whole or part)
  • Admitting an earlier valid instrument
  • Confirming the correct beneficiaries and distribution shares

Ordering return of wrongfully taken property through probate court petitions (including Probate Code section 850):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=850

Imposing enhanced remedies in certain wrongful taking cases (Probate Code section 859):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=859

Removing or suspending trustees in appropriate cases (Probate Code section 15642):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=15642

Ordering breach-of-trust remedies (Probate Code section 16420):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16420

Venue and Court Locations in Ventura and Los Angeles Counties

Will and trust contests are typically handled in the Probate Division of the Superior Court. Westlake Law Group represents parties in:

Ventura County Superior Court – Probate Division
https://ventura.courts.ca.gov/divisions/probate

Los Angeles County Superior Court – Probate Division
https://www.lacourt.ca.gov/courthouse/mode/division/probate

Judicial Council forms and statewide forms resources are available here:
https://www.courts.ca.gov/forms.htm

Representative Matters

While every case is unique, Westlake Law Group frequently assists clients with:

  • Undue influence claims involving caregivers, companions, or family members
  • Capacity disputes involving dementia, medication effects, or cognitive decline
  • Challenges to sudden trust amendments and late-life disinheritances
  • Disputes involving alleged forgery or irregular execution circumstances
  • Litigation involving disqualified transfers and statutory presumptions
  • Recovery actions for property transferred out of the estate or trust without proper authority
  • Removal or suspension of fiduciaries when continued control threatens the estate or trust

Frequently Asked Questions

What is the difference between a will contest and a trust contest?
A will contest challenges a will admitted (or proposed to be admitted) in probate administration. A trust contest challenges a trust or amendment, typically through a trust proceeding under Probate Code procedures such as section 17200:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=17200

How do deadlines work in trust contests after death?
Trustees often serve a statutory notification under Probate Code section 16061.7, which can trigger limitation periods addressed in section 16061.8:

What if I suspect assets were taken or transferred improperly?
Probate Code section 850 is commonly used for petitions to recover property and resolve title disputes in probate and trust contexts:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=850

Schedule a Confidential Consultation

Will and trust contests require early analysis of documents, timelines, and evidence. If you believe a will or trust was signed under undue influence, without capacity, or through improper conduct in Ventura County or Los Angeles County, call Westlake Law Group at (818) 444-2022 to schedule a confidential consultation.

Our office is located at 30699 Russell Ranch Road, North Building, Suite 210, Westlake Village, California. Virtual consultations are available throughout Southern California.