Undue influence is a common legal claim used in probate litigation to set aside, void or challenge a will, trust, deed or non-probate transfer. It is when the influencer substitutes his or her will for the person who is signing the document. Because this is a vague claim, Missouri cases have set forth three elements…
Legal Articles
No Contest Clauses in Wills & Trusts, Safe Harbor
A no contest provision in a will or trust is a clause which states that if a beneficiary/heir engages in certain activity he/she is automatically disinherited from the will or trust. More often than not, the activity triggering disinheritance is the filing of a lawsuit challenging the validity of a will or trust (be it…
Trust Litigation: Set Aside, Void
An individual must have the requisite legal capacity to create a trust. Under Section 456.6-601, RSMo, “the capacity required to create, amend, revoke or add property to a revocable trust…is the same as that required to make a will.” The capacity required to make a will (and hence a trust, too) has been thoroughly developed…
Default Judgments: Void, Set Aside
A default judgment occurs when a defendant is served with a lawsuit and fails to properly respond. The plaintiff automatically wins by default and usually receives the relief requested in the lawsuit. A default can be interlocutory (non-final and usually as to liability only) or a full default judgment (final as to liability and damages). Missouri…
Default Judgment Set Aside, Interlocutory Order of Default
A default judgment is where a plaintiff is automatically given the relief requested when a defendant fails to respond/answer in a timely manner. There are two types of default in Missouri: (1) an interlocutory order of default and a (2) default judgment. With an interlocutory order of default, there is a finding of liability, but…