Often, children or other relatives, who are not receiving what they believe they are entitled to, want to contest the Will, alleging that the testator lacked capacity to execute the Will. To be successful in a challenge of the Will, the person must show that the testator suffered from an illness or other condition that caused him to not understand the nature of the Will, the extent of his wealth, or to whom his assets were being left. Learn More.
Trust litigation is often a lengthy and very expensive process. Most probate attorneys will not take on a case on a contingency basis, so the challenger must be prepared to foot substantial legal bills. In addition, under most circumstances, it is the burden of the challenger to prove his or her case and not the burden of the trustee or other party to the trust to disprove the challenger’s allegations. Most trust litigation does not actually make it to a trial. Instead, most trust litigation cases are settled between the parties, sometimes through mediation. Learn More.