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A will or trust can be contested on several grounds, each with its own set of legal and factual issues. It is crucial that a highly experienced Texas estate litigation attorney be retained to ensure that the intent of the decedent is properly defended. Some of the grounds upon which a will can be contested are:
An Improperly Executed: A will must be properly signed by the testator (the writer of the will) and properly witnessed by at least two people who must also sign the will. A trust needs to only be signed by the settlor. A will or trust can be contested on the grounds that these signatures or the drafting of the will do not meet the legal requirements.
Mental Competence of the Testator or Settlor: Ether a will or trust can be void if the testator or settlor was senile, delusional, or of unsound mind at the time it was signed. Challenging a will or trust on competency grounds is a difficult, but not impossible process. The emphasis is in these case is on the testators medical condition. The burden of proof is in these case depends on the type of case and the time the challenge is filed, therefore it is important to consult a Texas estate litigation attorney as soon as possible.
Wills or Trusts that Were the Product of Fraud or Undue Influence: When a testator or settlor has been coerced or improperly compelled to execute a will or trust, that document could be deemed invalid. A fraudulent will or trust is one that is signed based on false statements made to the testator or settlor. Again, these allegations are difficult to prove and require expert knowledge of the laws governing will and trust contests.
The team at The J. Guerra Law Firm is highly experienced and can handle any matter involving wills, trusts, and estate litigation in an efficient and effective manner, and will zealously protect your rights in an estate contests.