Although wills and trusts are drafted to
provide for the smooth conveyance of a person's estate to his or her heirs, it sometimes turns
out to be a source of contention among the beneficiaries. Will and trust contests occur typically
when it appears to certain family members that they were wrongfully disinherited, or cut out
of a trust. Persons in that position have a right to file an action in court to contest the
will or trust, and attempt to have the will or trust declared void, either because the testator
lacked capacity, or the document was procured through “undue influence”, or through
some other wrongdoing.
An experienced litigator with knowledge of the trust and probate law is absolutely necessary
to successfully pursue these types of cases.