Tag Archives: objection

Estate Planning

The Cost of Defending a Will Contest

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When you are appointed to administer a loved one’s estate, you may be required to defend an attack on the validity of the Will or Trust. If a beneficiary files an objection, you should contact us immediately for assistance. It is normal to be concerned with what it will cost to defend such an action, but having us on your side will actually help with reducing the overall expenses while also safeguarding the best interests of the estate and its beneficiaries. In fact, we have discovered that in many cases, getting the attorneys involved can lead to quicker negotiations and settlements outside of the courtroom. Understanding your legal rights and options is critical to acting under these circumstances. Often the administrator must remain a neutral party and the beneficiary’s have to conduct the litigation or contest.

Every case is unique, so there is no exact way to calculate how much it will cost to defend a will contest. Below are several of the factors that will affect the overall cost of defending a will contest:

  • The size and overall value of the estate involved
  • Whether the objection to the Will or Trust document is valid
  • Any factors that complicate resolving the objection
  • The amount of time your attorney spends negotiating and/or litigating the matter
  • The knowledge and expertise and attitudes of the contesting parties and their counsel
  • Additional expenses including the cost of retaining expert witnesses

Let us review the case and the objection being lodged against the Will or Trust. We can provide you with an estimate of what we anticipate it will cost to defend the action. As experienced estate planning and probate litigation attorneys, we can help you protect the assets of the estate, save the estate money by keeping costs under control, and ensuring that you do not incur any personal liability.

Astill Law Firm and its attorneys have the highest peer rating for competence and ethics from any lawyer rating system (Rated AV from Martindell-Hubbell, the oldest and largest attorney rating system). Additionally, Mr. Astill is ranked among the Utah Legal Elite in Estate Planning, and is among the Top 100 attorneys in Salt Lake area (Utah Business Magazine annual survey). Don’t put the estate or yourself in jeopardy by trying to save a few dollars. Let us help.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

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Undue Influence versus Lack of Capacity

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815507_sThere are many legal terms used in the world of estate planning and probate, so it can get quite confusing. Two common reasons the validity of an estate plan may be challenged is that the decedent was the victim of undue influence or lacked the capacity to properly sign the will or trust document. It is important to understand the differences between these two terms.

Undue influence is alleged if the decedent suffered a weakened state of mind and another party took advantage of it. It commonly occurs when a caregiver influences the elderly person into signing a will or trust leaving a significant amount of the estate to the caregiver as “payment” for his or her services. It also occurs when someone is in a special position of trust in relation to the elderly. This can include a caregiver or someone who helps the elderly person do their banking and pays their bills. Undue influence can occur in a variety of forms ranging from threats to simply making the elderly person feel guilty. The key to proving undue influence occurred is establishing the weakened state of mind of the decedent at the time the estate planning documents were signed. If this can be proven, the burden of proof may shift to the other party.

Lack of capacity occurs if the decedent did not understand the document or the consequences of it when it was signed. In order to have sufficient capacity, the signor should know the extent of their estate, the nature of their relationship to the beneficiaries and they must understand that he or she is executing estate planning documents. Medical evidence is often necessary to prove lack of capacity. Any other evidence establishing the signor’s true intent can be extremely beneficial.

If you have questions regarding estate planning, we are here to help. We will walk with you every step of the way and ensure that you are never left wondering what should be done next. Contact us today for the answers you need.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.