The language of a trust is extremely important. And when a will, trust, and other estate documents form part of the same plan, they are interpreted together. Indeed, “[w]hen a trust and will form parts of the same plan, they must be construed together.” Shriners Hospital for Children v. Schaper, 215 S.W.3d 185, 189-90 (Mo….
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…
Trust Amendments and Modifications
When interpreting trusts, the intent of the settlor when the trust was created governs, and subsequent modifications are effective only in the manner expressed in the trust instrument. Banks v. Central Trust and Inv. Co., 388 S.W.3d 173, 176 (Mo. Ct. App. 2012). Generally, the settlor can modify the trust only in the manner provided…
Standing: Breach of Trust and Trustee Removal
Trust law distinguishes between “qualified beneficiaries” and “beneficiaries.” A “beneficiary” is a person that has a present or future beneficial interest in a trust or holds a power of appointment over trust property. Section 456.1-103(3), RSMo. A “qualified beneficiary” is different. It includes a beneficiary who is currently eligible to receive trust distributions, as well…
Disinheritance Clauses in Wills/Trusts
“No contest” (or in terrorem) clauses are increasingly relevant in probate, trust, estate and will litigation. The classic no contest clause provides that if a person contests the validity of a will or trust, he or she is disinherited and receives nothing by way of inheritance. The obvious purpose of the clause is to reduce…
Summary Judgment on Undue Influence, Incapacity Cases
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…
Duress versus Undue Influence; Trust Contests & Litigation
In estate, will and trust litigation, duress and undue influence are sometimes alleged together. However, while they overlap in some areas, they are distinct legal theories. To claim duress, a person must be oppressed by the wrongful conduct of another. In re Estate of McKenna, 500 S.W.3d 850, 860 (Mo. Ct. App. 2016). It is…
Undue Influence Between Spouses/Husband and Wife
Undue influence is a legal theory which may be used to invalidate a document, usually a will, trust or non-probate transfer. Undue influence occurs when a signer of a document is influenced by “force, coercion, or overpersuasion” such that it destroys the signer’s free agency. Tobias v. Korman, 141 S.W.3d 468, 475 (Mo. Ct. App….
Dead Man's Statute
Section 491.010, RSMo contains Missouri’s version of the so-called “Dead Man’s Statute.” It provides, in relevant part, that “in any…suit…where one of the parties…or his agent…is dead or is shown to be incompetent…then any relevant statement or statements made by the decedent party or agent or by the incompetent prior to his incompetency, shall not…
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…