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

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

Good morning. Yesterday, I discovered Free Power Of Attorney - Contesting a Will or a Trust. Can it Be Done?. Which is very helpful if you ask me and 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 appealing 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 usually rests on one or
two of the following factors: undue sway 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 sway in executing a will or trust?

Here is the definition of undue influence:

Undue sway - sway of someone else that destroys the free time of a testator or donor and creates a ground for nullifying a will or invalidating a future gift. The practice of undue sway is suggested by excessive insistence, superiority of will or mind, the association 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 imagine to contest a will or trust.

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

Testamentary capacity is the legal ability 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 ability 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.

(c) The indispensable risks, benefits, and uncostly alternatives
involved in 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 obtain a ,000,000 plus community 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

I hope you receive new knowledge about Free Power Of Attorney. Where you possibly can put to use within your life. And most importantly, your reaction is passed about Free Power Of Attorney.