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Steve Bliss Law San Diego Estate Planning Attorney Trust Lawyer

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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 an individual to bring a claim to contest a will or trust, she or he should have standing. For a will, this means that she or he must be one of the called recipients or a beneficiary at law who would have stood to acquire if there was no will. If a trust is included, the private bringing the fit should be a beneficiary of the trust.

Grounds to Contest a Will

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There are several legal theories that may arise when objecting to a will. The premises to contest a will are based on state law. Some common grounds consist of:

Inadequate Provisions

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Each state has specific requirements regarding the provisions that need to be included in the will in order for it to be legitimate. For instance, it may be required that the testator particularly state that the file is the testator’s last will and testament, that it consist of at least one stipulation that directs the circulation of his/her properties and fairly identify the testator’s property. If the testator did not include these provisions, the will may be stated invalid.

Lack of Testamentary Capability

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One of the typical grounds to contest a will is that the testator, the person making the will, lacked testamentary capability. In order for a will to be valid, the testator must be old adequate to make a will according to state law. In most jurisdictions, this requires the testator to be a minimum of 18 years of ages. Some states permit younger individuals to make a will if they are emancipated, wed or in the militaries.

Absence of Will Formalities

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Additionally, there may be additional rules that the testator should follow in order for the will to be valid. The will may require to be seen. The witness may have to personally see the testator sign the will. Some jurisdictions require that the witnesses be disinterested, indicating that they will not take advantage of the will. However, if interested witnesses were used, the solution usually is for that private to surrender the present she or he would have received in the will while the rest of the will stays undamaged. Some witnesses sign an affidavit that they personally witnessed the testator signing the will which she or he appeared to be of sound mind at the time of making the will. This prevents them from being called into court to affirm about the testator’s capacity.

Undue Impact

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Undue impact occurs when the testator was vulnerable and controlled by somebody into signing the will. This might include being threatened, pushed away from family or being assured treatment by a caretaker in such a way that the testator did not have the free choice essential to produce the will.

Scams or Forgery

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A will can be revoked if someone else signed the will without the testator’s approval. Also, if the will was an item of fraud, it can be invalidated. This can happen when someone presents the will to the testator and says that the file is something besides a will in order to secure the signature.

Grounds to Object To a Trust

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