• 408-352-5470
  • poguereception@sbcglobal.net
  • 373 Meridian Avenue, Suite B, San Jose, CA 95126

Pogue Calvert

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Will contest attorney

To successfully navigate a will or trust contest, an attorney must have well-rounded knowledge of estate planning matters, as well as an in-depth understanding of the complex litigation rules in California.

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408-352-5470

Defending a valid trust

Defending Will Contests

Mourning the death of a loved one is a challenging time. When that time is interrupted by an objection to the validity of the individual’s will or trust, you want to ensure that your interests are protected throughout an overwhelming, complicated process.

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No Contest Clause

A no-contest clause operates to disinherit any person who challenges the will’s validity. Since this clause is within the will, a successful challenge would render it meaningless.

Irrevocable Trusts

Trusts become irrevocable when the settlor (the person who made the trust) passes away. This doesn't mean an irrevocable trust is safe from contests.

Trust Amendments

Many will contests and trust contests happen because someone claims they have a valid amendment to a will (or trust) that makes large changes to what beneficiaries get. But there are laws and rules around what makes an amendment valid.

Trust Revocation

Just like trust amendments, documents claiming to revoke a trust need to follow specific steps in order to be valid. Speak to an attorney to see what options are available to you.

Learn All About Our Attorneys

Meet The Partners

Steven Pogue

Founding Partner

Andrew Calvert

Managing Partner

Will you help me contest a will?

Yes. If you think there is something wrong with a will, immediately contact a will attorney for evaluation and counsel. The biggest mistake most people make is waiting to see what happens. 

01

learning about all your legal issues

Take us through everything that happened. The more documents you have to show what your loved one’s intent was, the better. 

02

Pair you up with the Perfect Attorney

Our team has a combined 50 years of experience working with (and defending) will contests. 

03

Fight For You

Once we have all the information, we can help you game plan and set you on the path to do right by your loved one. 

Common questions and information

About Will Contests

Who can contest a will in California?

If you have been named as an heir and beneficiary in someone’s will, you may be able to contest it if they do not want you to receive any of their assets or property.

Here's a general list:

Spouses, children, and grandchildren of the testator (who made the will).

Trustees of trusts created by the testator.

Any other beneficiary who would receive less than 0.5% of the estate.

Any creditor who would be paid less than $2,500 from the estate if there were no contest.

The state or federal government (unless acting as an executor or administrator of another person’s estate).

How long do you have to contest a will in California?

In California, you have four months (120 days) from the date of death to file a will contest. If you do not file your will contest within this time frame, you may lose your right to contest the will.

What proof do you need to contest a will?

It takes a lot of evidence to successfully contest a will in California. You have to have evidence that your loved one intended something different with their estate than what was in the will or trust. And the evidence needs to be clear and convincing in they eyes of the court.

There’s a No-Contest Clause in the Will. Can I Still Dispute It?

Yes. A no-contest clause operates to disinherit any person who challenges the will’s validity. Since this clause is within the will, a successful challenge would render it meaningless.​

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