Contesting a will or a trust. Can it be done?

First, we must ask ourselves, what is contesting a will or trust? Is against a general or trust means that you can challenge the validity of the will or trust document.

It is similar to the flag in a pro football game will be thrown after a call by the referee.

In this case, the will or trust is valid by the probate court judge approved. They throw the flag and the validity of a
the relevant document.

Contesting a will or trust is generally basedon one or
two of the following factors: undue influence in the execution of the will
or trust, or that it lacks the person executing the will or trust
mental faculties, the will or trust, leading to the time it was
executed.

What is undue influence in the execution of a will or trust?

Here is the definition of undue influence:

Undue influence - the influence of another that the freedom of the testator or donor destroyed and provides a basis for an offset is made or invalidity ofFuture gift. The proposed exercise of undue influence by excessive insistence of superiority of will or spirit to do the relationship of the parties or pressure on the donor or testator in other ways, what he is not in a position to refuse to practice.

So, if you can prove that the person to be executed will or trust, acted with undue influence, that is, was working under pressure, that was in a position to refuse, you can have a basis to require undue influence. This would have a reason for theContest a will or trust.

The other method of competition for a will or trust is that there is a lack of testamentary capacity.

Testamentary capacity is the legal way to make a will. In California
For example, says Probate Code Section 812, in part, that a person's ability to make a decision that is lacking unless the person, the ability to commnicate orally or by other means has to understand the decision and to to assess and
relevant to the extent that allFollowing:

(a) The rights, duties and responsibilities have been created, or
affected by the decision.

(b) the likely consequences for the decision makers and to the extent
appropriate, the persons concerned by the decision.

(c) The material risks, benefits and reasonable alternatives
with the decision.

So dispute here, for lack of a will or trust, or testamentary capacity, you must show all three elements.

This is a difficult case, but is notimpossible. In my early legal career, I was able to obtain, an increase of $ 1,000,000 for a client with a solution of the above elements.

You can find more information about wills or trusts: click here.

Good luck and until next time,

Phil Craig