Estate of Land

In Estate of Land (1913) 166 Cal. 538, the California Supreme Court addressed "the question of what is meant by the words 'any person interested,' as used in former section 1327 of the Code of Civil Procedure, conferring the right upon any person interested to contest the validity of a will within one year after it has been admitted to probate." (Estate of Land, at p. 543.) In answering that question, the court explained as follows: "It may freely be conceded that if it is made to appear that a person has such an interest as may be impaired or defeated by the probate of the will, or benefited by setting it aside, he is a person interested. This would appear to be the common sense meaning of the term, and no good reason can be made to appear for giving it a broader or different meaning... . Our examination of the authorities leads us to the conclusion that this is the meaning generally attributed to such words by the courts." (Ibid.) The court in Estate of Land went on to explain more thoroughly why an "heir" is not always an "interested person" for purposes of a will contest: "In Illinois it has been held that the term 'any person interested,' means 'those having a direct pecuniary interest affected by the probate of the will.' In a note to the case last cited in the American State Reports, this question is exhaustively considered, and many authorities are cited. In one or two cases in other states it appears to be intimated that heirs at law of a deceased are always 'persons interested' within the meaning of the term as used in such statutes. While as a rule, the heirs at law have such an interest as would entitle them to contest a will, as is said in the note referred to, 'but as the statute contemplates a legal interest and not merely a grievance to the feelings of propriety or sense of justice, it is not in every case that even an heir at law can contest the will of his ancestor.' " (Estate of Land, supra, 166 Cal. at p. 543.) The court summarized its conclusion as follows: "We have no doubt upon the proposition that ordinarily a petition showing that the contestant is an heir at law of the deceased, sufficiently shows the requisite interest to contest a will. As we have seen, however, the heir at law may be without such right by reason of other facts." (Id. at p. 544.)