My parent changed their will or trust right before they died and left everything to one sibling. Can we challenge it?

It's remarkable how quickly people change their story once a lawsuit is filed.

What makes a change suspect

Who took your parent to the notary? Who created the new documents or paid for them? What were the circumstances? And is it an unnatural gift? People usually give to those closest to them, typically their children, so cutting out children, a spouse or siblings is unusual and can point to undue influence.

California also raises the bar for certain people. A gift to the person who drafted the document, or to a care custodian of a dependent adult, is presumed to be the product of fraud or undue influence. There is an exception for close family members, and a gift can be saved with a certificate from an independent attorney.

Will a no-contest clause cost you your share?

Much less often than people fear. In California, a no-contest clause can be enforced against a direct contest only if it was brought without probable cause, meaning the facts you knew when you filed would not have led a reasonable person to think you were reasonably likely to win after investigation. A clause can also reach ownership challenges and creditor claims if it says so expressly. Talk to a lawyer before you file.

What to gather now

Medical records. Communications about the estate plan leading up to the documents. Drafts and edits. How the documents were signed, who was present, and what those people say about it. Get written statements early. Conversations can be recorded only with the consent of everyone being recorded.

This answer is general information about California law and is not legal advice for any specific situation. Deadlines and exceptions turn on your facts. Code sections were checked against California Legislative Information on November 4, 2026.

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