How to get help for DWI


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

First, we must ask, what is contesting a willhave a basis to claim undue influence. This
or a trust? Basically, contesting a will or awould give you one reason to contest a will
trust means that you are challenging theor  trust.
validity  of  the  will  or  trust  document.
The other method to contest a will or trust
It is similar to the flag that is thrown in ais that there was a lack of testamentary
pro football game after a call by thecapacity.
referee.
Testamentary capacity is the legal ability to
In this case, the will or trust is assumedmake a will. In California, for example,
valid by the probate court judge. You areProbate Code Section 812 says, in part, that
throwing out the flag and contesting thea person lacks the capacity to make a
validity  of the  document  in  question.decision unless the person has the ability to
commnicate verbally, or by any other means,
Contesting a will or trust usually rests onthe decision, and to understand and
one or two of the following factors: undueappreciate, to the extent relevant, all of
influence in executing the will or trust,the  following:
or that the person executing the will or
trust lacked mental capacity to execute the(a) The rights, duties, and responsibilities
will  or trust at the time it was executed.created  by,  or affected  by  the decision.
What is undue influence in executing a will(b) The probable consequences for the
or  trust?decision maker and, where appropriate, the
persons  affected  by  the  decision.
Here  is  the  definition of undue influence:
(c) The significant risks, benefits, and
Undue Influence - Influence of another thatreasonable alternatives involved in the
destroys the freedom of a testator or donordecision.
and creates a ground for nullifying a will or
invalidating a future gift. The exercise ofSo, here, to contest a will or trust due to
undue influence is suggested by excessivelack or testamentary capacity, you would have
insistence, superiority of will or mind, theto  show  all  three  elements.
relationship of the parties or pressure on
the donor or testator by any other means toThis is a tough case but is not impossible.
do what he is unable, practically, to refuse.In my early legal career, I was able to
obtain a $1,000,000 plus settlement for a
So, if you can prove that the person whoclient  using  the  above  elements.
executed the will or trust was acting with
undue influence, that is, was acting underYou can find more information about wills or
pressure that was unable to refuse, you maytrusts: Click Here.



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