Wills and Trusts Contests

The Law Offices of David Lee Rice, A Professional Law Corporation represent clients in connection with will and trust litigation, including challenges regarding the validity of a document, lawsuits concerning the interpretation of a document, lawsuits involving allegations of wrongdoing by an executor or trustee, or seeking removal of an executor or trustee, and trust termination proceedings.

In today's litigious society, challenges to estate planning documents such as wills and trusts are on the rise.  Challenges frequently arise when children or grandchildren are not being treated as equal beneficiaries, or are completely disinherited.  In this context, there is often an incentive for a beneficiary to challenge the validity of a will or trust if the beneficiary stands to inherit a greater amount of the estate if the document is invalidated and the estate is distributed according to California's laws of intestate succession. Challenges also frequently arise in second marriage scenarios, when the children of the first marriage object to the disposition of their parent's estate favoring either a new spouse or children from a subsequent marriage.

Wills and trusts may be challenged on a number of grounds.  Common grounds on which a document may be challenged include:

• Lack of legal capacity
• Undue influence
• Improper execution of the document
• Lack of testamentary intent
• Fraud

Standard for Determining Legal Capacity

The standard for determining whether a person has sufficient legal capacity to create a valid will is fairly low, and the presumption is that the person creating the will (the testator) had sufficient legal capacity.  The person bringing the will contest therefore has the burden of establishing that the testator lacked legal capacity.  The testator needs to understand the nature of the will, have a general idea of his or her assets and the value of these assets, and must know who his or her relatives and beneficiaries are.

The standard for determining if a person had the capacity to create a valid trust is higher than the standard for creating a valid will.  A trust is viewed as a contract, and California law imposes a higher standard for the execution of contracts than the execution of wills.

Undue Influence

Claims of undue influence often accompany claims of lack of legal capacity, because if the testator is alleged to have diminished mental capacity, they are similarly thought to be more susceptible to undue influence by another person.

Undue influence is generally defined as force or pressure that causes someone to do something that they ordinarily would not do.  In an estate planning context, this means that the testator made a gift or plan of distribution that they ordinarily would not have done on their own, absent pressure or coercion from another person.

Improper Execution of a Document

California Probate Code Sections 6110-6113 set forth the requirements for the execution of a valid will.  Claims of improper execution of a will frequently arise when the testator has prepared their own will, and the resulting document fails to meet the requirements of the California Probate Code as a valid will.

Lack of Testamentary Intent

Testamentary intent refers to the testator's intention to create a valid will.

Fraud

Fraud refers to intentional misrepresentation or concealment.  Fraud may refer to:

• Fraud in the execution:  The testator is tricked into thinking they are signing something other than a will.  For example, if the testator is tricked into thinking they are signing a life insurance application rather than a will.  This will invalidate the entire will.
• Fraud in the inducement:  Involves deception regarding the circumstances under which the will was made.  For example, the testator is told that the will contains a gift to a grandchild, when in fact the will does not contain such a provision.  This invalidates the relevant portion of the will.

Seek Experienced Legal Counsel

Will and trust disputes are complex and require experienced legal counsel.  The attorneys at David Lee Rice, A Professional Law Corporation have the knowledge, experience and advocacy skill to successfully represent your interests.  Contact the law firm of David Lee Rice, APLC for a consultation.