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Steve Bliss Law Probate Attorney

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Map:

Address: 3914 Murphy Canyon Rd a202, San Diego, CA 92123
Phone: (858) 278-2800

Standing

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In order for an individual to bring a claim to contest a will or trust, he or she should have standing. For a will, this means that she or he need to be one of the named beneficiaries or an heir at law who would have stood to inherit if there was no will. If a trust is involved, the specific bringing the match needs to be a recipient of the trust.

Grounds to Object To a Will

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There are numerous legal theories that may emerge when contesting a will. The grounds to object to a will are based on state law. Some common grounds consist of:

Inadequate Provisions

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Each state has specific requirements concerning the arrangements that should be included in the will in order for it to be legitimate. For instance, it may be needed that the testator specifically state that the file is the testator’s last will and testament, that it include a minimum of one clause that directs the circulation of his/her assets and fairly identify the testator’s property. If the testator did not consist of these arrangements, the will might be stated invalid.

Lack of Testamentary Capability

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One of the typical premises to object to a will is that the testator, the individual making the will, did not have testamentary capacity. In order for a will to be legitimate, the testator must be old sufficient to make a will according to state law. In the majority of jurisdictions, this requires the testator to be a minimum of 18 years old. Some states permit younger individuals to make a will if they are emancipated, wed or in the armed forces.

Lack of Will Formalities

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Additionally, there may be extra rules that the testator should follow in order for the will to be valid. The will might need to be witnessed. The witness might need to personally see the testator sign the will. Some jurisdictions need that the witnesses be indifferent, implying that they will not benefit from the will. If interested witnesses were used, the solution typically is for that private to forfeit the present he or she would have gotten in the will while the rest of the will remains undamaged. Some witnesses sign an affidavit that they personally saw the testator signing the will which she or he seemed of sound mind at the time of making the will. This prevents them from being called into court to testify about the testator’s capacity.

Undue Impact

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Undue influence happens when the testator was vulnerable and controlled by somebody into signing the will. This may consist of being threatened, alienated from household or being promised treatment by a caretaker in such a manner that the testator lacked the free choice required to develop the will.

Fraud or Forgery

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A will can be invalidated if another person signed the will without the testator’s approval. Also, if the will was an item of fraud, it can be invalidated. This can take place when somebody presents the will to the testator and says that the file is something aside from a will in order to secure the signature.

Grounds to Contest a Trust

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Most of the above grounds to object to a will can also be utilized to object to a trust. There may be additional premises to object to a trust, such as when the trust includes uncertain language and the recipients disagree regarding the meaning of the language.