Real Estate Law

Challenging A Will Or Living Trust: Reasons And Remedies

Will Or Living Trust

A will or living trust is a fundamental legal document designed to ensure the smooth and organized distribution of an individual’s assets after they pass away. However, there are situations where the validity of these documents is called into question. 

Understanding the reasons behind these challenges and seeking guidance from an experienced living trust attorney can be invaluable in safeguarding your wishes and protecting your estate.

In this comprehensive guide, we’ll delve deeper into the common reasons a will or living trust may be challenged, explore the legal remedies available, and emphasize why collaborating with a seasoned attorney is essential in preserving your legacy.

The Complexity Of Estate Planning:

Complexity Of Estate Planning

Estate planning is a multifaceted process that goes far beyond merely drafting a will or living trust. It involves careful consideration of your financial assets, personal belongings, and the legacy you wish to leave behind.

While your intentions may be crystal clear to you, ensuring they are executed as intended can be a complex endeavor. There are several legal mechanisms and precautions you must take to safeguard your wishes. Unfortunately, even with meticulous planning, wills and living trusts can be subjected to disputes.

Lack Of Capacity:

A prevalent reason for challenging a will or living trust is the assertion that the testator (the person creating the document) lacked the mental capacity to understand the implications of their decisions.

To prove this, the person contesting the document may need to provide medical records, witness testimonies, or expert opinions to demonstrate that the testator was not of sound mind at the time the will or trust was created. The burden of proof lies with the individual challenging the document, and this can be a formidable task.

Challenging based on lack of capacity highlights the importance of involving legal counsel early in the estate planning process. An experienced attorney can help assess the testator’s mental state and ensure that the necessary documentation exists to prove their capacity when the document was created.

Undue Influence:

Undue influence transpires when an individual exerts pressure or manipulation over the testator, causing them to make decisions that go against their true intentions. Often, this manipulation occurs within the family, with a close relative or caregiver exploiting the testator’s vulnerability. 

Proving undue influence requires substantial evidence, and it can be an intricate process. An experienced attorney is crucial in gathering the necessary evidence, which may include medical records, witness statements, and expert opinions.

A competent attorney will also navigate the delicate nature of such cases, helping protect the testator’s intentions against any undue influence, coercion, or manipulation.

Fraud Or Forgery:

Challenges can arise when there are suspicions of fraud or forgery in the creation or modification of a will or trust. While these situations are relatively rare, they exemplify the importance of ensuring the utmost security in estate planning.

An experienced attorney can conduct a thorough investigation, including document analysis and expert testimony, to detect any discrepancies and ensure the document’s authenticity. Their expertise in scrutinizing the finer details of the document is invaluable in detecting any signs of fraud or forgery.

Ambiguity Or Errors:

Sometimes, wills or living trusts contain ambiguous language or errors that can lead to disputes among beneficiaries. This is a particularly challenging issue because it often stems from drafting or execution errors, not necessarily malicious intent. However, these ambiguities can be a source of contention.

An experienced attorney can help resolve these issues by interpreting the document, examining the testator’s previous statements or writings, and pursuing a legal remedy to clarify the testator’s intentions.

The inclusion of an attorney from the inception of the estate planning process can help prevent such ambiguities and errors, ensuring that your document is precise and leaves no room for misinterpretation.

Statutory Formalities:

Each state has specific legal requirements regarding the execution of wills and living trusts. If these formalities are not adhered to, the document may be challenged as invalid. Common formalities include the need for the document to be signed in the presence of witnesses or notarized.

An attorney is well-versed in these statutory requirements and can ensure that your document complies with all legal formalities. Failing to adhere to these requirements can jeopardize the validity of the document, leading to potential disputes upon your passing.

The Role Of An Experienced Living Trust Attorney:

Trust Attorney

Navigating the complexities of estate planning and addressing potential challenges to your will or living trust requires the expertise of an experienced living trust attorney. These legal professionals specialize in crafting robust and legally sound documents, as well as defending your intentions when they are challenged.

By working with an attorney who specializes in living trusts, you can gain peace of mind knowing that your estate planning is in capable hands. An attorney will:

  • Ensure Legal Compliance: Attorneys are well-versed in the intricate web of estate planning laws and regulations. They will ensure that your documents comply with all legal requirements, reducing the risk of challenges based on statutory formalities.
  • Prevent Errors and Ambiguities: Attorneys will draft documents with precision, leaving no room for ambiguity or errors. This reduces the likelihood of disputes arising from unclear or contradictory language.
  • Safeguard Against Undue Influence: Experienced attorneys can provide advice and guidance on safeguarding against undue influence, helping protect your wishes and your estate.
  • Proactively Address Potential Challenges: Attorneys can anticipate potential challenges and design legal strategies to counter them. They can help build a strong case to defend your intentions and minimize the risk of disputes.
  • Navigate Emotional Complexities: Estate planning disputes are emotionally charged and can strain family relationships. An attorney can serve as a mediator and provide a rational, objective perspective in emotionally charged situations.


Challenging a will or living trust is a complex and emotionally charged process, and the outcomes can have far-reaching consequences. To safeguard your final wishes and protect your estate, it is essential to work with an experienced living trust attorney who specializes in estate planning.

Your attorney’s expertise in estate planning, their deep knowledge of relevant laws and regulations, and their ability to gather evidence and build a strong case can make a significant difference in ensuring that your intentions are honored, and your estate is distributed as you desire.

OC Trusts Lawyer team of seasoned living trust attorneys understands the intricacies of estate planning and the potential challenges that may arise. By working with us, you can ensure that your legacy is protected and your wishes are upheld. Don’t leave the fate of your estate to chance; consult with us today and secure your future. Collaborate with an attorney who will stand by you to protect your legacy and preserve your intentions for generations to come.

Max Alavi APC, OC Trusts Lawyer, contributed this blog post as an educational resource. The material is meant for informational purposes only and not to provide legal advice because laws and regulations may differ across states, and each case may be unique. If you have any questions about the content of this post, it is recommended that you seek advice from a local Estate and Probate attorney.

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Nabamita Sinha
Nabamita Sinha loves to write about lifestyle and pop-culture. In her free time, she loves to watch movies and TV series and experiment with food. Her favorite niche topics are fashion, lifestyle, travel, and gossip content. Her style of writing is creative and quirky.

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