Will contest and trust litigation basics

On Behalf of | Nov 18, 2018 | Trust And Probate Litigation

Both a trust or a will may be challenged in certain circumstances. When that is the case, it is important to know how to handle the challenge of trust litigation or a will contest.

The beneficiary of a will may wish to challenge the will for several different reasons. Because a will contest can quickly become complex, it is also important for the parties involved to have a handle on the process and trained guidance can be useful in helping them do that. Because will contests can be difficult to win, and making be essential to protecting the interests of the beneficiary, it is important to know how to approach making one.

It may be possible to challenge how the will was formed including that the estate planner lacked testamentary capacity to execute the will. Testamentary capacity places age and other requirements on the estate planner including that they are aware of the extent of their property, their beneficiaries and the impact of the will, among other requirements. A will may be contested if there was any undue influence or fraud in the process. Other reasons to contest a will may relate to the will’s failure to comply with signature and witness requirements necessary to execute the will or a superseding document exists, among other reasons to challenge a will.

The requirements for a will to be valid, the failure of which may lead to a will contest, can be complex and may also vary but state so it is important for estate planners in California to be familiar with California laws. Estate planning litigation can be stressful on families following the loss of a loved one which is why they should understand the process as much as possible in advance.