Contesting a will or trust on the grounds of lack of testamentary capacity means demonstrating that the person creating the document did not have the necessary mental capacity at the time of signing.Įxamples of testamentary incapacity include dementia, insanity, and intoxication. It is generally assumed that adults possess sufficient mental capacity to make decisions regarding their estate, but this may not always be the case. Testamentary capacity refers to the mental state required to create a valid will or trust. Understanding these grounds can help you decide if a will or trust should be contested, and reveal the appropriate steps to follow if you choose to challenge the document. The most common reasons include lack of testamentary capacity, undue influence, and fraud or forgery. As such, there are several legal grounds that can be used to contest these estate planning documents. The law recognizes that not every will or trust is created under fair or legitimate circumstances. Understanding the Grounds for Contesting a Will or Trust Carefully consider financial costs and emotional implications before deciding whether to proceed with contesting a will or trust.Consult an experienced estate planning attorney to understand your rights as a beneficiary, potential heir, creditor or other party with vested interest in the estate.Understand the legal grounds for contesting a will or trust, including lack of testamentary capacity and undue influence.Let’s delve into the intricacies of this complex and emotionally charged topic. In this blog post, we will explore what are valid reasons to contest a will or trust, who has legal standing to do so, the process involved, strategies for preventing contests, and the costs and benefits of taking such action. However, in some situations, it may become necessary to challenge the validity of these documents. When a loved one passes away, the last thing on your mind might be contesting their will or trust.
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