Summary judgment disposes of a claim without a trial in any number of circumstances. It is rare, however, for a claim involving incapacity or undue influence — particularly in the context of a will contest or trust contest — to be disposed of on summary judgment. Summary judgment is rarely appropriate in cases involving proof…
Legal Articles
Trust Contests: Clear and Convincing Evidence
It is generally difficult to prevail on a lawsuit to set aside and void a trust or will. “Wills are solemn acts” and “should be overturned only on proper and substantial evidence.” Switzer v. Switzer, 373 S.W.2d 930, 940 (Mo. 1964). The evidence to justify cancellation of a will or trust on grounds of incapacity…
Challenging Revocable Living Trusts
The time limitation for challenging a revocable living trust is generally two (2) years after the settlor’s (i.e., trust creator) death. This two year period can be shortened in at least a couple of different circumstances, such as if the successor trustee sends a notice to all beneficiaries accelerating the time period to six (6)…