Wills and trusts are tools people use to leave a lasting legacy and take care of those they love the most when they are no longer around to do so. However, sometimes people close to the person creating these documents take advantage of them in their old age to receive a larger part of their inheritance, or the documents themselves were created under dubious circumstances, invalidating them.
If you are the beneficiary or heir of a trust or will and have reason to believe it is invalid, you might wonder: Are trusts more difficult to challenge in court than wills? We are here to explain which is more difficult to challenge.
At Gokal Law Group, we have helped countless heirs and beneficiaries successfully contest wills and trusts. We have empowered clients to recover millions of dollars in settlements. Here is what to know about which are more difficult to challenge: wills or trusts.
Are Trusts More Difficult to Challenge in Court than Wills?
Generally, it is substantially easier to successfully contest a will than to contest a trust, and there are several reasons for this. One reason wills are easier to challenge is that testamentary laws govern wills, while contract laws govern trusts.
The structure of these documents is also crucial to consider. When someone creates a trust, this legal document puts assets they choose into a trust, meaning that the trust owns it. A trustee manages the assets over a prolonged period.
However, a will is created in a single moment and only goes into effect upon the passing of the person who created it. Because of this, there is more room to contest the will based on how old the will is and the last time it was updated.
For example, if the will sat idle for long periods, or if the creator of the will wasn’t fully competent at the time it was created or was under undue influence, this can mean that the will is not current.
A Trustee and grantor’s continued involvement in a trust also makes it more difficult to contest than a will. A trust also requires that the grantor transfers property to the trust to fund it, which often serves as proof of competency in managing their financial affairs when properly done. This could make it more difficult to contest a trust based on lack of capacity.
Also, wills are public documents while trusts are not, which can affect the difficulty of challenging a trust. Lastly, people usually set up trusts with the help of an attorney, meaning they often create them with guidance to avoid the pitfalls of creating a ‘DIY’ will.
“It’s important to remember that, while trusts are generally more difficult to challenge than wills, that doesn’t mean you won’t be able to successfully contest them. If you have legal grounds to challenge the will or trust, and work with good lawyers, then you will have a good chance in court to invalidate a trust or will. Ultimately, consulting with an attorney is crucial to determining your odds in these cases.”
– Nicholas D. Porrazzo, Partner, Gokal Law Group
Related Article: What Are the Chances of Successfully Contesting a Trust in California?
Do You Need Help Contesting a Trust or Will? Contact Us to Safeguard Your Inheritance.
While several factors make a trust more difficult to challenge than a will, there is one that has the most significant influence over your chances of success in court: the lawyers you work with. When you work with Gokal Law Group, you can rest assured that we will employ battle-tested strategies to give you an advantage throughout the process to invalidate wills that jeopardize your inheritance.
Visit our Contact Us page to schedule a consultation today.
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