Will & Trust Contests

A will contest occurs when someone raises a formal objection against the validity of a will which argues that the document does not reflect the actual intent of the person who made it. Similarly, a trust contest is a formal objection raised against the validity of a trust, which argues that the existing document does not accurately reflect the intent of the settler (person who made the trust).

Typically, two classes of persons are eligible to contest the validity of a will or trust:

• Those who are named in the will or trust (i.e. any beneficiary);
• Those who would inherit from the person making the will or trust if the document was held invalid.

The grounds to contest a will or trust include, but are not limited to, evidence of:

• Lack of capacity
• Fraud
• Undue influence, duress or menace.

Our Hermosa Beach Law Firm combines expertise in estate law and litigation to help you and your family fight for your rights if you are faced with a will or trust contest.

Before contesting a will or trust, it is important to know that courts do not necessarily look to “fairness” during will or trust contests. The creator of the will or trust has a legal right to dispose of his or her assets in any way that is legal, so “unfair” does not factor into a document’s legal validity. In addition, challengers should know that the large number of will and trust contests each year make judges cautious about reviewing any such cases. This is particularly true when the document in question involves the willing of assets to charitable organizations.

In addition, people often add a “no contest” clause to a will or trust. A “no contest” clause means that a person who contests a will or trust will forfeit the right to receive anything. However, because this clause is within the trust, if a challenge is successful the clause will become meaningless. If, on the other hand, a person falls short in his or her challenge, then the challenger could lose the benefits that were given under the trust or the will.

We believe that common sense, often missing from legal processes, is critical to our approach. Our team of Brad N. Baker, Albro L. Lundy III,  Evan Koch, and Mary Korkodian combines high level expertise and experience. Our results include winning $7 Million for clients injured by Executor Malfeasance as well as $2.85 Million for beneficiaries in a Trust Litigation conflict. Call our team today to see how we can help you.