Steve-Bliss-Law-Probate-Attorney

Steve Bliss Law Probate Attorney

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Map:

Address: 3914 Murphy Canyon Rd a202, San Diego, CA 92123
Phone: (858) 278-2800

Standing

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In order for a person to bring a claim to contest a will or trust, she or he need to have standing. For a will, this suggests that he or she must be among the called beneficiaries or a successor at law who would have stood to inherit if there was no will. If a trust is involved, the private bringing the match needs to be a recipient of the trust.

Grounds to Object To a Will

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There are numerous legal theories that might occur when contesting a will. The premises to contest a will are based upon state law. Some typical grounds include:

Inadequate Arrangements

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Each state has particular requirements regarding the provisions that must be consisted of in the will in order for it to be legitimate. For instance, it may be needed that the testator particularly state that the file is the testator’s last will and testimony, that it include at least one provision that directs the circulation of his/her possessions and fairly determine the testator’s property. If the testator did not include these provisions, the will might be stated void.

Lack of Testamentary Capability

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One of the common grounds to object to a will is that the testator, the individual making the will, lacked testamentary capacity. In order for a will to be valid, the testator must be old adequate to make a will according to state law. In the majority of jurisdictions, this requires the testator to be a minimum of 18 years old. Some states permit younger people to make a will if they are emancipated, wed or in the militaries.

Lack of Will Formalities

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Additionally, there may be additional procedures that the testator should follow in order for the will to be valid. The will may need to be seen. The witness may need to personally see the testator sign the will. Some jurisdictions require that the witnesses be indifferent, meaning that they will not gain from the will. If interested witnesses were used, the treatment usually is for that individual to surrender the present he or she would have gotten in the will while the rest of the will remains undamaged. Some witnesses sign an affidavit that they personally experienced the testator signing the will and that she or he seemed of sound mind at the time of making the will. This prevents them from being called into court to testify about the testator’s capability.

Undue Impact

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Undue influence takes place when the testator was susceptible and controlled by somebody into signing the will. This may consist of being threatened, alienated from family or being assured treatment by a caregiver in such a manner that the testator did not have the free choice required to create the will.

Fraud or Forgery

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A will can be invalidated if someone else signed the will without the testator’s permission. If the will was a product of fraud, it can be invalidated. This can occur when someone provides the will to the testator and says that the document is something besides a will in order to protect the signature.

Premises to Contest a Trust

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Most of the above premises to contest a will can also be used to contest a trust. There might be additional premises to object to a trust, such as when the trust consists of ambiguous language and the beneficiaries disagree as to the significance of the language.