top of page

Los Angeles Probate, Estate & Tax Blog

Recent developments in Probate, Estate and Tax Law.

Remote Handling of Cases 
& E-Signature of Documents

  • Writer's pictureLinda Varga

Understanding the Burden of Proof in Will Contests in California

Understanding the Burden of Proof in Will Contests in California

Contesting a will can be a complex and emotionally charged process. In California, the burden of proof plays a crucial role in determining the outcome of will contests. Understanding what this entails and how it works can help you navigate these legal challenges more effectively. Here’s an in-depth look at the burden of proof in will contests in California.

What is a Will Contest?

A will contest is a legal challenge to the validity of a will. Common grounds for contesting a will include:

The Burden of Proof

In legal terms, the burden of proof refers to the obligation to present evidence to support one's claim. In will contests, this burden typically falls on the party challenging the validity of the will.

Steps in a Will Contest and Burden of Proof

  • Initial Presentation of the Will When a will is submitted to probate, it is presumed to be valid if it meets the basic requirements under California law. This includes being in writing, signed by the testator (the person making the will), and witnessed by at least two individuals.

  • Challenger's Burden of Proof The party contesting the will (the challenger) must provide sufficient evidence to support their claims. This is known as the "burden of production." The standard of proof in will contests is typically "preponderance of the evidence," meaning the challenger must show that their claims are more likely true than not.

  • Lack of Testamentary Capacity: To contest a will based on lack of testamentary capacity, the challenger must demonstrate that the testator did not understand the nature of making a will, the extent of their property, or their relationships with potential beneficiaries at the time the will was executed.

  • Undue Influence: For undue influence, the challenger must provide evidence that the testator was subjected to pressure or manipulation that overrode their free will, leading to the creation of a will that reflects the influencer’s wishes rather than the testator’s true intentions.

  • Fraud or Forgery: Claims of fraud or forgery require proof that the will was created or signed based on deceit, or that the testator's signature was forged.

  • Improper Execution: Challenging a will for improper execution involves showing that the will was not signed or witnessed according to California's legal requirements.

  • Shifting Burden of Proof If the challenger provides sufficient evidence to support their claims, the burden may shift to the party defending the will (usually the executor or beneficiaries) to rebut the claims. This involves presenting counter-evidence to support the validity of the will.

  • Court’s Evaluation The court evaluates all evidence presented by both parties. If the challenger meets the burden of proof, the court may declare the will invalid, either in whole or in part. If the defender successfully rebuts the challenge, the will remains valid and is executed as originally intended.

Practical Tips for Contesting a Will

  • Gather Strong Evidence: Collect medical records, witness testimonies, and any other documentation that supports your claims.

  • Consult with Experts: Consider hiring a forensic document examiner for forgery claims or a medical expert for testamentary capacity issues.

  • Legal Representation: Work with an experienced probate attorney who understands the intricacies of will contests and the burden of proof in California.

Defending a Will

If you are defending a will against a contest, consider these strategies:

  • Document Preservation: Ensure all relevant documents and evidence are preserved and accessible.

  • Expert Witnesses: Engage expert witnesses who can provide credible testimony to counter the challenger’s claims.

  • Legal Counsel: Seek guidance from a probate attorney to navigate the legal process effectively.


Understanding the burden of proof in will contests is essential for anyone involved in a probate dispute in California. Whether you are contesting a will or defending one, knowing what evidence is needed and how the legal process works can significantly impact the outcome. If you find yourself in a will contest, seeking professional legal advice is crucial to ensuring your rights and interests are adequately represented.



bottom of page