Invalid Wills And Trusts: Telltale Signs

People are not always happy with the terms of a will or trust. Perhaps they did not inherit as much as they thought they would, or some assets are going to a beneficiary of whom they do not approve. While these situations can be perfectly appropriate and represent the true intent of the person who signed the will or trust, sometimes they do not. At Mason & Helmers, our attorneys have extensive experience assessing the validity of estate planning documents in Minnesota. Here are some signs a will or trust may be invalid.

Undue Influence

This is a situation in which someone pressures the victim into changing the terms of a will or trust. While this is often a family member, sometimes a caretaker or new “friend” is responsible, exerting intense pressure on a vulnerable senior into taking an action they otherwise would not have taken. Wills and trusts that may be the product of undue influence can be challenged in court so the court can decide whether the will or trust was what the signer wanted, or what someone else wanted.

Lack Of Capacity

Wills and trusts are only valid if the person signing them has the capacity to understand what they are doing. If a person’s mental faculties have been significantly compromised – whether by dementia, Alzheimer’s, mental illness or some other condition – then they can no longer handle their legal affairs. Wills and trusts signed by people in this condition can be challenged in court.

Other Signs

While undue influence and mental incapacity are the most common reasons for challenging a will or trust, other reasons exist as well. These include:

• Forgery of signatures
• Duress
• Fraud, possibly involving false statements made to a decedent to induce them into changing the terms of their will or trust
• Documents that were not properly signed and witnessed according to Minnesota law

How Courts Determine The Validity Of A Will

Courts typically examine several factors to assess a will’s legitimacy:

• Proper execution: Was the will signed by the testator and witnessed according to state laws?
• Mental capacity: Did the testator have a sound mind when creating the will? Did they fully understand the contents and implications of the will?
• Free from duress or coercion: Was the testator tricked or threatened to put requests in the will they never wanted?
• Clarity and consistency: Does the document clearly state the testator’s requests? Is there any contradictory information about the testator’s requests in the will?

Considering these questions thoroughly is crucial for determining a will’s validity. We can help you make a case to challenge or defend the validity of a will.

Experienced Will And Trust Litigation

Improper wills and trusts are serious matters that deserve serious legal scrutiny. If you believe that a will or trust you stand to benefit from may be invalid, our lawyers can assess your situation. Please contact us through our website, or else call our office: 651-323-2548 .

Our office serves Minneapolis, St. Paul and the surrounding areas.