Legal Question in Wills and Trusts in California

California does not have a Variation of Wills Act. You must provide more details to see if there is a California probate code section that applies to your situation.

If you want to file a petition claiming an interest in the estate despite the terms of the will, you are likely to be disappointed. California has no equivalent to the Variation of Wills Act. Under California law, a testator may leave his or her estate to anyone he or she pleases, without restriction.

Wills can be challenged, however, on the basis of a lack of capacity on the part of the testator, and also upon an alleged procurement of the will that is the result of undue influence from another party.