The most common legal grounds for contesting a will include undue influence, testamentary incapacity, fraudulent acts, and improper execution. Each case is unique and requires careful evaluation.
Beneficiary Designation Takes Precedence Over A Will
If your heirs decide to fight the beneficiary designation in court, litigation can be expensive and take months.
What are the legal grounds for contesting a will or trust? The legal grounds for contesting a will or trust include lack of testamentary capacity, undue influence, fraud, and forgery.
Exact numbers regarding the success rate of will disputes are difficult to pinpoint. However, the most recent estimates indicate that the success rate hovers around 1%.
As such, family members (more specifically, the deceased person's direct heirs) are the parties who are most likely to contest a will.
Kerri Mast: There is a range regarding how long it takes to settle an estate and several factors at play, including the asset value and complexity. Simple estates might be settled within six months. Complex estates, those with a lot of assets or assets that are complex or hard to value can take several years to settle.
A trust does not pass through the court for the probate process and cannot be contested in most cases.
The document creating the trust doesn't meet the legal requirements; The trust was created or modified by fraud; The creator of the trust lacked the capacity to create the trust; or. Someone exercised undue influence over the creator of the trust.
Estate beneficiaries who do bring an action against another beneficiary, heir, personal representative or third party can seek to have the alleged offender pay for the property or return it, and potentially seek punitive damages if the harm to property was substantial.
Typically, there's peace of mind that comes with knowing that your estate will be distributed according to plan. However, don't be too quick to relax. Typically, a beneficiary designation overrides a Will.
In order to challenge a beneficiary designation, the claimant must be able to prove that the designation does not accurately reflect the decedent's wishes.
No, a will doesn't usually override a beneficiary on a bank account, since beneficiary designations almost always supersede wills.
Depending on the complexity of the case, it may cost anywhere from a few thousand dollars to $100,000 or more to dispute the terms of a trust.
When a will fails, this is usually because some aspect is missing that would make the will legal. For example, if the testator was under duress, was a minor under the age of 18, didn't realize they were making a will, or didn't leave the will in writing, this would indicate a failed will.
Any assets a trust doesn't include can be subject to the instructions in the will, meaning a will can override a trust if the trust does not specifically include certain assets. Assets not in the trust must pass through probate.
If a court finds that an individual is suffering from dementia, is under the influence of drugs or alcohol, or is incapable of understanding the document being executed for some other reason, the court may invalidate the will on the grounds that the individual does not have testamentary capacity.
Trustee malfeasance refers to any type of negligent, self-serving, erroneous, or retaliatory conduct committed by the trustee of a trust resulting in harm to trust assets or beneficiaries. Trustee malfeasance is a broad term encompassing many different types of offenses, both intentional and unintentional.
Siblings usually have the right to file a lawsuit if they believe their inheritance rights have been compromised due to undue influence or changes in the legal documents. If the will or trust was forged, obtained by fraud or undue influence, this is often grounds for litigation.
Here's an example of a straightforward disinheritance clause: “I intentionally and with full knowledge omit to provide for my son, John Smith, and it is my specific intent that he shall receive no part of my estate.” This level of clarity significantly reduces the likelihood of legal disputes later on.
Although, as per the law of California, stepchildren don't have any rights over the inheritance of step-parents, they're not cut out of the will. If someone wants, they can specifically nominate their stepchildren for some or all assets.
Q: Can an Executor Withhold Money From a Beneficiary in California? A: Executors do not have the authority to act outside the guidelines stipulated in the will. An executor cannot withhold money from a beneficiary unless they are directed to do so through a will or another court-enforceable document.
As an executor, you must provide a formal accounting at least once a year, but beneficiaries can request an informal probate accounting in California at any time. When they do, you must produce it.
The timeline is much shorter. California laws, for example, require that beneficiaries are notified within 60 days of the death.