Losing a loved one is never easy. That loss can feel even more overwhelming when the trust or will they left behind doesn’t seem to reflect their true wishes. In some cases, an unfamiliar beneficiary suddenly stands to inherit the assets that have shaped your family’s legacy and your financial future. In others, you may uncover that a sibling used improper or illegal tactics to influence your parents or other family members into disinheriting you. In situations like these, understanding the legal grounds for disinheritance in California is essential to knowing when to seek legal help
At Gokal Law Group, we recognize how emotionally and legally complex this moment can be. You need an experienced advocate to cut through the uncertainty and determine whether the estate plan was the product of manipulation, lack of capacity, or fraud. We’re here to help answer the most critical question in your case: What are the true grounds for disinheritance under California law, and how can they be used to protect your rights?
What Are Grounds for Disinheritance in California?
The legal grounds for disinheritancegrounds for disinheritance in California refer to the recognized legal bases for excluding someone from inheriting under a will or trust. These grounds often overlap with the legal theories a beneficiary must rely on when challenging the validity of an estate plan.
In most cases, a beneficiary brings a will or trust contest for one of two primary reasons:
- They have evidence that their disinheritance was the result of fraud, deceit, or undue influence and seek to undo the harm, whether by invalidating improper amendments to existing estate documents or by setting aside entire documents that were procured through fraud;
- They believe another individual used unethical or illegal tactics to manipulate their now-deceased loved one into naming them as a beneficiary and awarding them a substantial share of the estate’s assets.
It’s important to understand from the outset that the law does not permit frivolous lawsuits. You must have a legitimate legal basis to challenge or overturn a will or trust.
By the time these documents take effect, usually the only person who could lawfully change them has already passed away, which is why courts require clear justification before intervening.
“Typically, this type of lawsuit is brought by a beneficiary. If they want to invalidate a trust or a will, they must do so in good faith and with what is known as probable cause. In other words, they must have a factual and legal basis for the claim. That requires real information and documentation, and that’s one of the greatest advantages of working with an attorney. An attorney understands what evidence is required to establish probable cause and build a case the court will take seriously,” explained Anum Arshad, partner at Gokal Law Group.
With that foundation in mind, it’s helpful to look at the specific reasons you might lose your inheritance.
Related Article: What Are Signs of Inheritance Theft?
What Are 5 Common Grounds for Disinheritance?
When a disinherited beneficiary, or their attorney, suspects that something is wrong with an estate plan, they typically look for evidence of the most common legal grounds used to invalidate a will or trust. If you have documentation supporting any of these claims, you may have valid grounds to challenge the disinheritance. Here are 5 common grounds for disinheritance in California:
- Undue Influence: Undue influence occurs when a third party, often a caregiver, relative, or suspicious new “friend,” exerts excessive pressure on a vulnerable individual, such as an elder or dependent adult, to the point that it overcomes the individual’s free will. As a result, the individual is induced to make gifts or bequests they would not have made absent that influence
- Lack of Testamentary Capacity: A person creating a will or trust must possess the required mental capacity, known as testamentary capacity, at the time the document is executed. If the decedent suffered from severe dementia, Alzheimer’s disease, or was heavily medicated or otherwise incapacitated when the documents were signed, the estate plan may be invalid.
- Fraud or Duress: Fraud occurs when an individual is deceived into signing a document through misrepresentation, such as being told they are signing one type of document when it is actually a new will or trust. Duress involves the use of threats, coercion, or physical force to compel the individual to execute estate planning documents against their will.
- Improper Execution: California law requires strict formalities for a will or trust to be valid. If a document was not properly signed, witnessed, or notarized in accordance with state law, it may be deemed invalid. For example, a will generally must be signed in the presence of two disinterested witnesses.
- Later Valid Document: A subsequently executed and valid will, trust, or amendment can supersede and invalidate an earlier version of the estate plan. A beneficiary may have grounds to challenge disinheritance if a trustee or executor is attempting to administer a previously revoked or outdated estate plan. In other situations, no estate plan may have existed at all, meaning the estate would have passed through intestate succession, until the discovery of a trust or will that disinherits individuals who otherwise would have inherited under California law.
If you believe you have been wrongfully disinherited or have grounds to reverse a trust or will that was a product of any of the above scenarios, it is imperative to take legal action to preserve your inheritance and remove opportunistic individuals who do not have the legal right to inherit.
Related Article: Caregiver Inheritance Law: What Can I Do When a Caregiver is a Beneficiary?
What Should I Do When I Have Grounds for Disinheritance? 3 Key Steps.
Have you discovered evidence (documentation, witness testimony, etc.) that aligns with any of the grounds above? Time is critically important. Trust and probate litigation is governed by strict statutes of limitations. Here are 3 crucial steps when you have grounds for disinheritance:
- Consult an Experienced Probate or Trust Litigation Attorney Immediately: Do not delay. Speak with an attorney who specializes specifically in California trust and probate disputes. This initial consultation is essential to evaluate the strength of your evidence and determine whether you meet the “probable cause” threshold required to pursue a challenge without risking an unsuccessful or costly claim.
- Gather and Preserve All Documentation: Start to gather and preserve potential evidence, including prior wills or trust documents, medical records, financial statements, emails, text messages, and witness contact information. Do not alter, discard, or destroy anything. Your attorney will need a reliable record to properly assess your case and establish probable cause.
- File a Contest or Petition (If Advised by Counsel): If your attorney determines that you have strong legal grounds to challenge the disinheritance, they will guide you through the process of formally challenging the will or trust in probate court. This filing initiates discovery, the critical phase in which additional evidence is obtained to prove undue influence, fraud, or lack of capacity.
Related Article: What is the Presumption of Undue Influence or Fraud?
Do You Have Grounds for Disinheritance? Contact Us Today.
The path through trust and probate litigation is rarely simple, but you don’t have to navigate it alone. When significant assets, property, and your family’s legacy are at stake, you deserve a trusted legal guide with a proven track record. If any of the above reasons for disinheritance resonate with you, the attorneys at Gokal Law Group are relentless advocates who specialize in transforming complex disinheritance disputes into clear, favorable results for clients throughout Southern California.
If you suspect foul play or believe you have been wrongfully disinherited, contact Gokal Law Group today. Let our experience, strategy, and determination be the foundation of your success.
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