Legal Articles

Undue Influence

An undue influence claim is one of the two most common ways to legally attack a trust, will, or non-probate transfer. There is a “presumption” of undue influence if: (1) the influencer obtains a substantial benefit from the document, (2) the influencer was active in procuring the document, and (3) there was a confidential relationship…

Estate Challenge Burdens: Trusts, Non-Probate Transfers

Unlike an “ordinary” civil suit, the evidentiary burden in an estate contest based on incapacity is often on the defendant to prove that the signer had the requisite capacity. In a lawsuit challenging a trust based on testamentary incapacity, the proponent of the document must establish due execution and that the person signing had sound…

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