In contesting a will or a title dispute, we regularly represent both heirs who feel they have been unfairly excluded from a loved one's Last Will and Testament and executors who have a duty and obligation to defend a Will filed for probate.  Common grounds for contesting the validity of the Last Will and testament include:

• Undue Influence.  This relates to whether the testator made A Will must be made freely without being coerced by another person or persons. For example, a family member, acquaintance or caretaker might pressure a frail, elderly person to leave most or all of his or her assets to that individual while excluding others who would typically receive an inheritance.

• Mental Incapacity.  Contesting a will based upon the lack of mental capacity can pose a significant obstacle to challenging a Will.  Testamentary capacity typically requires that a testator have sufficient mental acuity to understand (a) the amount and nature of his or her property, (b) the family members and loved ones who would ordinarily receive such property by will, and (c) how his or her will disposes of such property. 

• Failure to Meet Formalities.  This Will or title dispute focuses upon whether the testator executed his or her Will in compliance with the statutory law of the testator's domicile or the law where the Will was executed. 

• Revocation.  When a contestant believes that the will filed for admittance to probate has been revoked by the testator, an argument for will revocation may be made. 

• Fraud or Mistake.  A testator may also make a Will premised upon a misunderstanding of, or fraud related to, the Will's contents.

The three main areas of types of trust court actions are:

• Trust Contests.  A trust contest is similar to a will fight.  An individual may use a revocable trust, rather than a will, to provide for the ultimate distribution of his or her assets upon death.

• Trust Reformation.  When a trust created during an individual's life, or under a will, fails to qualify for favorable tax treatment, federal and state law often allow for the trust to be reformed through a court proceeding so that the trust does so qualify.

• Trust and Will Construction.  While a trust or will fight is based on challenging the validity of a trust or will, a construction proceeding begins with the assumption that the instrument is valid.  In a construction proceeding, one or more parties seek court interpretation and adjudication of specific language in such instruments. 

No matter what trust related issue you have, Cunningham & Associates California trust attorneys can help you!