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Dean Clifford - You, your rights, the trust, courts, Law and more S01 E04.

Power Of Attorney - Dean Clifford - You, your rights, the trust, courts, Law and more S01 E04.

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Contesting a Will or a Trust. Can it Be Done?

Revoke Power Of Attorney Letter - Contesting a Will or a Trust. Can it Be Done?

Good afternoon. Yesterday, I learned all about Revoke Power Of Attorney Letter - Contesting a Will or a Trust. Can it Be Done?. Which may be very helpful to me and also you. Contesting a Will or a Trust. Can it Be Done?

First, we must ask, what is contesting a will or a trust? Basically, contesting a will or a trust means that you are interesting the validity of the will or trust document.

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

In this case, the will or trust is assumed valid by the probate court judge. You are throwing out the flag and contesting the validity of
the document in question.

Contesting a will or trust ordinarily rests on one or
two of the following factors: undue work on in executing the will
or trust, or that the person executing the will or trust lacked
mental capacity to execute the will or trust at the time it was
executed.

What is undue work on in executing a will or trust?

Here is the definition of undue influence:

Undue work on - work on of someone else that destroys the relaxation of a testator or donor and creates a ground for nullifying a will or invalidating a hereafter gift. The rehearsal of undue work on is recommend by inordinate insistence, superiority of will or mind, the connection of the parties or pressure on the donor or testator by any other means to do what he is unable, practically, to refuse.

So, if you can prove that the person who executed the will or trust was acting with undue influence, that is, was acting under pressure that was unable to refuse, you may have a basis to claim undue influence. This would give you one conjecture to contest a will or trust.

The other recipe to contest a will or trust is that there was a lack of testamentary capacity.

Testamentary capacity is the legal potential to make a will. In California,
for example, Probate Code Section 812 says, in part, that a person lacks the capacity to make a decision unless the person has the potential to commnicate verbally, or by any other means, the decision, and to understand and appreciate,
to the extent relevant, all of the following:

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

(b) The probable consequences for the decision maker and, where
appropriate, the persons affected by the decision.

So, here, to contest a will or trust due to lack or testamentary capacity, you would have to show all three elements.

This is a tough case but is not impossible. In my early legal career, I was able to regain a ,000,000 plus hamlet for a client using the above elements.

You can find more data about wills or trusts: Click Here.

Good luck and until next time,

Phil Craig

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