In estate planning, a will or trust plays a crucial role in ensuring your assets and possessions go to only those you want. However, a trust contest can prevent you from executing your final wishes. Since anything you include in your will or trust can make it invalid, you should consult an estate planning law firm Virginia Beach.
This blog will discuss various aspects of trust contests and how they can impact your will and estate planning.
Understanding Will or Trust Contest
A will or trust dispute is a form of lawsuit in which the legality of the will and or trust is challenged.
If a will or bequest is legally appealed and found to be invalid, the tribunal will dismiss the will. If the person has a previously drafted will, it would be used to distribute the assets. If there is no other estate planning in place, the state’s intestacy rules will apply. If your will is contested and the state’s intestacy law is used, the intended beneficiaries have trouble getting the assets as you desired them to have.
So, the biggest question is who can contest a trust or will?
A lawsuit for contesting the will can only be filed by someone who has legal “standing.” Standing refers to a party in litigation with who the case’s result will directly impact.
The following persons have jurisdiction to call a will or trust into question:
If the departed individual fails to make a valid will or trust, relatives and friends who would inherit or would inherit more under relevant state law.
Beneficiaries who have been disowned or disadvantaged have been named or granted a more significant inheritance in a last will or trust (for example, relatives, friends, and charity).
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