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