Estate of Lind

In Estate of Lind (1989) 209 Cal. App. 3d 1424, a contestant asserted that the decedent's will was the product of undue influence on the part of her attorney. The contestant's standing to pursue the action was challenged at the pleading stage. It had been asserted that the contestant's interest was based on the likelihood that he would have been adopted into the family but for a legal barrier, within the meaning of Probate Code section 6408, subdivision (b)(2). (Estate of Lind, supra, 209 Cal. App. 3d at pp. 1431-1432.) In addressing the issue of the sufficiency of the pleadings, the court stated: "It is neither necessary nor would it be proper for us to attempt a definitive listing of possible ways contestants could prove they 'would have been adopted.' . . . . . . The contestant has alleged sufficient ultimate facts to make it clear what his basis is for claiming standing to contest probate of the purported will of the decedent. . . . He should be granted an opportunity to present evidence to support his disputed claim of standing." (Id. at pp. 1435-1436.) Further, "if the proponents of the will wish to challenge the contestant's standing, there is a long-established procedure available to the court: to hold an evidentiary hearing upon the standing question before proceeding with the trial of the contest." (Id. at p. 1434.)