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

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

Good morning. Yesterday, I found out about Revocation Of Power Of Attorney - Contesting a Will or a Trust. Can it Be Done?. Which is very helpful for 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 inviting the validity of the will or trust document.

What I said. It shouldn't be the actual final outcome that the actual about Revocation Of Power Of Attorney. You check out this article for info on a person need to know is Revocation Of Power Of Attorney.

Revocation Of Power Of Attorney

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 regularly rests on one or
two of the following factors: undue work on in executing the will
or trust, or that the someone 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 future gift. The rehearsal of undue work on is suggested by immoderate insistence, superiority of will or mind, the relationship 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 someone 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 hypothesize to contest a will or trust.

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

Testamentary capacity is the legal quality to make a will. In California,
for example, Probate Code Section 812 says, in part, that a someone lacks the capacity to make a decision unless the someone has the quality 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 requisite risks, benefits, and inexpensive 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 secure a ,000,000 plus hamlet for a client using the above elements.

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

Good luck and until next time,

Phil Craig

I hope you have new knowledge about Revocation Of Power Of Attorney. Where you'll be able to offer use within your daily life. And most significantly, your reaction is passed about Revocation Of Power Of Attorney.