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Yes but you need to provide compelling evidence to the court. The judge will review the evidence and issue a ruling.
Yes but you need to provide compelling evidence to the court. The judge will review the evidence and issue a ruling.
Yes but you need to provide compelling evidence to the court. The judge will review the evidence and issue a ruling.
Yes but you need to provide compelling evidence to the court. The judge will review the evidence and issue a ruling.
What else can I help you with?
What are the grounds for contesting a will?
Grounds for contesting a will typically include lack of testamentary capacity, undue influence, fraud, and improper execution. These legal reasons can be used to challenge the validity of a will in court.
Can a will be contested if a beneficiary coerced the parent into changing the will?
Certainly, that would be undue influence and could invalidate the will. You should consult a probate attorney in your state or country to discuss the possibilities.
Can the lawyer writing the will for someone also be a beneficiary of that will?
They can be, but it isn't typically a good idea. It could be grounds for contesting a will under the idea of undue influence.
Can a trust be contested?
A trust can be contested on much the same grounds that a will can be contested. However, there is usually a longer period for contesting a trust although it becomes more difficult the longer the trust is in effect. You need a valid reason to contest a trust. You need to prove the trustor was incompetent or a victim of undue influence, that the trust is technically invalid or there was fraud. Trust law is an extremely complex area of law and you need an expert to represent you in your challenge. Legal costs would be very expensive and the burden of proof is on the person making the contest
What can you do if your daughter did not receive any inheritance from her grandmother's will?
Generally, a grandmother is under no legal obligation to leave property to a granddaughter. You would need to have specific grounds to contest the will as well as legal standing in your jurisdiction. Grounds include such factors as undue influence, improper execution, mental incapacity, fraud and mistake. You should consult with an attorney who specializes in probate.Generally, a grandmother is under no legal obligation to leave property to a granddaughter. You would need to have specific grounds to contest the will as well as legal standing in your jurisdiction. Grounds include such factors as undue influence, improper execution, mental incapacity, fraud and mistake. You should consult with an attorney who specializes in probate.Generally, a grandmother is under no legal obligation to leave property to a granddaughter. You would need to have specific grounds to contest the will as well as legal standing in your jurisdiction. Grounds include such factors as undue influence, improper execution, mental incapacity, fraud and mistake. You should consult with an attorney who specializes in probate.Generally, a grandmother is under no legal obligation to leave property to a granddaughter. You would need to have specific grounds to contest the will as well as legal standing in your jurisdiction. Grounds include such factors as undue influence, improper execution, mental incapacity, fraud and mistake. You should consult with an attorney who specializes in probate.
What is dureness and undue influence?
Duress and undue influence are pressure put on someone to do what is being requested of them against their best wishes
To what extent undue influence and fraud will effect the validity of the will?
Factors such as undue influence and fraud can have a HUGE effect on a will. More specifically if either of those elements are proved then it can serve to invalidate that portion relation to the undue influence or fraud or completely invalidate the entire will. Undue influence and fraud most often arise when a person is drafting a will or entering into a contract. Courts will find that someone drafting a will was subject to undue influence if they gave into the pressure and did not make the will based on their actual intentions.
Difference between coercion and undue influence?
Coercion is forcing someone to something they don't want to do. Undue influence is when a more powerful person takes advantage of another person.
Can property be contested if daughters name IS on property title when mother dies?
You can contest it if you want to, but if the daughter's name is listed as a co-owner of the property, and they owned as joint tenants with the right of survivorship, then it is her sole property when mom dies. There might be a case for undue influence.
What is undue influence?
Undue influence is any act of persuasion that overcomes the judgment and free will of another person. It can include such things as deception, flattery, begging, trickery, insinuations and other forms of coercion that play against a person's vulnerabilities. Four elements must be present to advance a claim of undue influence: 1.) It must be demonstrated that the victim was susceptible. 2.) There must be an opportunity for the undue influence to occur. 3.) There must be evidence the defendant is inclined to exert undue influence. 4.) The record must reveal a suspicious transaction.
How to prove Undo influence and coercion in probate court?
This will vary from state to state depending on its laws on undue influence. Undue influence is not something that is done openly; therefore, many, if not all, states permit it to be proved circumstantially. As an example, in New Jersey, we try to raise a presumption of undue influence. If the facts show that a will benefitted someone who was in a confidential relationship with the decedent and if there are suspicious circumstances surrounding the execution of the will, a court may find that there was undue influence without direct proof of it. The person defending the claim then must present evidence to explain that nothing was done wrong.
Difference between duress and undue influence?
The main difference is whether you are being acted upon or are the actor - duress is the act of being under extreme stress; whereas, undue influence means you exerted some action upon someone/something else. Legally, duress would be a defense; whereas, undue influence would be a claim in a cause of action.
