TRUST & WILL DISPUTE
Wills and trusts do not always clearly convey their creators’ true final intentions, nor do they necessarily reflect what their creators’ true final intentions were. If you have concerns about a decedent’s will or trust, it may be possible to dispute the document. A lawyer can help you determine whether a valid cause exists to bring a dispute.
*Does the decedent’s will or trust contain ambiguous language?
* Did someone apply excessive pressure on the decedent to compel them to change their will or trust?
*Did the decedent execute their will or trust at a time when they were mentally incompetent?
*Are you concerned your community property are being violated by your deceased spouse’s will or trust?
*Did the decedent fail to properly revoke their will or trust or revoke their will or trust at the urging of someone close to them?
In the following guide, we discuss the types of disputes that can arise as a result of a problematic will or trust instrument. If you believe you have a will or trust dispute on your hands, contact the team at Keystone for a free consultation today.
*Does the decedent’s will or trust contain ambiguous language?
* Did someone apply excessive pressure on the decedent to compel them to change their will or trust?
*Did the decedent execute their will or trust at a time when they were mentally incompetent?
*Are you concerned your community property are being violated by your deceased spouse’s will or trust?
*Did the decedent fail to properly revoke their will or trust or revoke their will or trust at the urging of someone close to them?
In the following guide, we discuss the types of disputes that can arise as a result of a problematic will or trust instrument. If you believe you have a will or trust dispute on your hands, contact the team at Keystone for a free consultation today.
Definition
What is a Will Dispute?
A will, also known as a last will and testament, is an estate planning document that explains how the creator of the will, called the testator, would like their property to be distributed after they die. The person nominated to manage the estate following the testator’s death is called the executor of the estate. The persons who stand to inherit in a will are called estate beneficiaries. After a testator dies, the will generally passes through a process known as probate in which the court authenticates the will, appoints an executor or administrator to administer the estate, and supervises estate administration.
A will dispute can occur following a decedent’s death if there is uncertainty about the true meaning of a will’s terms or if an interested party has reason to believe the will is invalid.
A will dispute can occur following a decedent’s death if there is uncertainty about the true meaning of a will’s terms or if an interested party has reason to believe the will is invalid.
What is a Trust Dispute?
A trust is another type of estate planning document in which the creator of the trust, called the settlor, gives a party, called the trustee, the right to hold title to assets and property for the benefit of third parties, called trust beneficiaries. A trust can be revocable, which means that the settlor has the right to revoke it while they are alive and competent, or irrevocable, which means that once the trust is signed, the settlor cannot revoke it. Once a settlor dies, their trust will usually automatically become irrevocable, and the person they nominated to the role of successor trustee will take over management of the trust. Unlike wills, trusts are not required to pass through probate.
A trust dispute can occur if the instrument is faulty or contains ambiguous provisions, or if an interested party believes the instrument to be invalid. Disputes over a trust can take place while the settlor is alive but incompetent, or following the death of the settlor.
The validity of a will or trust can be disputed by interested parties so long as they have a valid reason for doing so; disliking the terms of the document or believing that they are deserving of a larger inheritance does not count. If the validity of a will or trust is disputed, the court will consider relevant evidence and testimony to ultimately make a determination about whether to uphold the disputed will or trust, or invalidate it. If the court invalidates a will or trust, or one or more of its amendments, the relevant assets will pass in accordance with the decedent’s previous estate planning documents so long as they were valid. If none existed, the relevant assets will pass to the decedent’s intestate heirs in accordance with the laws of intestate succession.
A trust dispute can occur if the instrument is faulty or contains ambiguous provisions, or if an interested party believes the instrument to be invalid. Disputes over a trust can take place while the settlor is alive but incompetent, or following the death of the settlor.
The validity of a will or trust can be disputed by interested parties so long as they have a valid reason for doing so; disliking the terms of the document or believing that they are deserving of a larger inheritance does not count. If the validity of a will or trust is disputed, the court will consider relevant evidence and testimony to ultimately make a determination about whether to uphold the disputed will or trust, or invalidate it. If the court invalidates a will or trust, or one or more of its amendments, the relevant assets will pass in accordance with the decedent’s previous estate planning documents so long as they were valid. If none existed, the relevant assets will pass to the decedent’s intestate heirs in accordance with the laws of intestate succession.
Who We Help
Who Our Trust & Will Dispute Lawyers Represent
When disputing a trust or will, anyone with a role listed below can benefit from the expertise and counsel of a skilled dispute attorney. Our team will help stand up for your rights and guide you through every step of the dispute process.
Beneficiary/Heir
If you are a beneficiary or heir, a trust or will dispute could affect your inheritance by increasing it, or possibly even reducing or eliminating it. Regardless of whether you are seeking to fight for your rightful inheritance or protect your inheritance during a dispute, we can help enforce your rights by bringing or defending a trust or will dispute.
Trustee
The question of whether a trustee should involve themselves in a trust dispute by bringing or defending a claim is complicated, as many factors must be considered. If you are a trustee, we can help you determine the best course of action in a trust dispute.
Executor/Administrator
It is not always clear whether executors or administrators should participate in a will dispute by bringing or defending a claim, as there are many angles to consider. We can help executors and administrators decide the role they should play in a will dispute.
Spouse
If you are a surviving spouse who believes your community property rights are being violated by a will or trust, or if you feel that a will or trust dispute brought by another party could threaten your inheritance, we can help protect your interests.
Our Work
Case Studies of Our Trust & Will Dispute Services
Kane Ferguson is proud to work with a variety of clients in the area of trust and will disputes, and we offer a range of related services. Whether you are disputing a trust or will, or defending against a trust or will dispute, our team of dedicated lawyers will work hard to present you with options and secure for you the outcome you desire, as illustrated by the case studies below.
Decedent's Assets Recovered for Rightful Heir
When a trust or will dispute is brought to a judge, one or more parties are claiming that the entire document or parts of the document are either too ambiguous to understand or are invalid in some other way.
Contesting a Will or Trust: A will or trust contest can be brought if it is believed that the document in question—whether it be portions of the document or the entire document—is invalid. To contest a will or trust, it is necessary you have standing. In other words, if you were to win your contest, you should stand to receive a larger inheritance than what you are receiving under the decedent’s current will or trust. Persons with standing generally include beneficiaries, heirs and beneficiaries under any prior versions of the document.
Examples of grounds for bringing a will or trust contest:
* Someone close to the decedent unduly influenced the decedent into changing their will or trust to drastically favor them.
* The decedent executed their will or trust at a time when they lacked mental competence.
* The proper procedures were not followed by the decedent to execute their will or trust.
* The will or trust document is a forgery.
* The decedent changed their will or trust while under duress.
* Falsified statements or documents were presented to the decedent that caused them to significantly modify their will or trust to favor the perpetrator of the fraud.
Contesting a Will or Trust: A will or trust contest can be brought if it is believed that the document in question—whether it be portions of the document or the entire document—is invalid. To contest a will or trust, it is necessary you have standing. In other words, if you were to win your contest, you should stand to receive a larger inheritance than what you are receiving under the decedent’s current will or trust. Persons with standing generally include beneficiaries, heirs and beneficiaries under any prior versions of the document.
Examples of grounds for bringing a will or trust contest:
* Someone close to the decedent unduly influenced the decedent into changing their will or trust to drastically favor them.
* The decedent executed their will or trust at a time when they lacked mental competence.
* The proper procedures were not followed by the decedent to execute their will or trust.
* The will or trust document is a forgery.
* The decedent changed their will or trust while under duress.
* Falsified statements or documents were presented to the decedent that caused them to significantly modify their will or trust to favor the perpetrator of the fraud.
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