Tag Archives: fraud

Estate Planning

Contesting a Will by Proving Fraud

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You might be surprised to learn that if you read a loved one’s estate planning documents and they seem “off,” it could be because they are fraudulent. All too often, the elderly fall victim to scams or con artists taking advantage of them. If fraud occurred in the creation or amendment of your loved one’s Will or other estate planning documents, a beneficiary or heir may have grounds to lodge an objection to the validity of the estate plan.

Proving fraud when challenging a Utah will requires you to be able to submit substantial evidence that fraud occurred. Thus, if you suspect your loved one was the victim of fraud, it is imperative that you confer with a knowledgeable attorney to help you understand your legal rights.

One of the first issues to be determined is whether you have “standing” to file an objection to the will. If you are an heir that stands to inherit from the deceased under the law (if the deceased had died without a will) or a named beneficiary, you have standing.

Another issue to address is whether you can prove that your loved one’s will would have read differently, had the fraud not occurred. In other words, you must show that your inheritance was negatively impacted by the fraud. You must also be able to prove that the deceased relied on the fraud or misrepresentation when the will was created. We can assist you with establishing that the deceased would not have executed the will had he or she been aware of the fraud.

Finally, you must provide evidence to the court that the person that committed the fraudulent conduct did so intentionally. This is often demonstrated by the fraud resulting in the fraudster inheriting money or property from the deceased.

A valuable and persuasive piece of evidence in contesting a will is to submit a copy of the prior estate planning documents signed by the deceased. Additionally, any proof of the deceased’s state of mind at the time the will was executed can be helpful.

If you are considering objecting to a loved one’s will, we can 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.

Estate Planning

When can a Decedent’s Last Will be Challenged?

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Challenging a decedent’s Last Will and Testament is a serious matter. When you object to a Will, you are questioning the validity of it. Most objections to a Will are filed by relatives that are angry because they were not named as a beneficiary and they assume it was a mistake. Another common scenario is when a spouse objects to a Will that was drafted before the marriage and does not name him or her as a beneficiary.

There are numerous reasons a Will can be held invalid. Below are a few examples of the most common grounds for a Court to render a Will unenforceable:

  • Lack of Mental Capacity. The law requires a testator to have the mental capacity to understand the nature and amount of his or her estate. The testator must comprehend who has been named as the beneficiaries and how the Will distributes his or her property. If it can be proven that the deceased lacked adequate mental capacity, the Will may be held invalid.
  • Undue Influence. A Will must be created and signed freely and without coercion by third-parties. A Will executed under duress is invalid.
  • Mistake or Fraud. If a Will was signed by the testator based upon a misunderstanding of the contents of the Will or if there is actual fraud involved, the Will is unenforceable.
  • Revoked Will. A Will that has been previously revoked by the testator cannot be enforced.
  • Failure to Meet Requirements. Every state has specific requirements that must be met in order for the Will to be valid. If it can be proven that one of these requirements was not met, the Will may be successfully challenged.

Will challenges can be expensive and damaging to your family relationships. Consideration should be given to strategies to defeat a claim in advance. If incapacity is a concern, having a Doctor or medical professional confirm legal capacity is advisable. If a testator is making a gift to a caregiver, special care should be given to avoid claims of undue influence. Finally, proper drafting will avoid most challenges. Avoid DIY (do it yourself) Wills or you are almost certain to open the door to claims. If you want to ensure that your Will cannot be successfully challenged, we can help. Additionally, if you are interested in learning whether or not you should object to a loved one’s Will, contact our office.

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.

Estate Planning

Challenging a Will

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gavelIf you are considering challenging the validity of a Last Will and Testament of a loved one, you should understand it is serious business. Even if your objection to the Will is a simple claim that a simple mistake was made, it can bring the validity of the entire Will into question. There are numerous circumstances where a Will can be contested, including:

  • Lack of mental capacity. If the court finds that the testator lacked the mental capacity to understand the nature or amount of his or her estate, or how the Will disposes of the estate, the Will can be held invalid.
  • Failure to comply with the law. If a Will fails to meet the requirements set forth by the applicable law (such as in writing, witnessed, notarized, etc), it may be successfully challenged.
  • Mistake or fraud. If the testator signed the Will based upon a misunderstanding or actual fraud, it can be held invalid.
  • Undue influence. If the testator made the Will under the undue influence or duress of another party, it can be held invalid. A Will must be made freely and without coercion of anyone else.
  • Revocation. If a more current Will exists, or if the testator otherwise revokes the Will that has been submitted for probate, the objection to it may be upheld.

Challenging the validity of a Will usually involves serious, expensive and protracted litigation and division within families. It should not be undertaken lightly or with the hope that a quick settlement will result. Only an experienced estate planning attorney can help you evaluate the case and the wisdom of challenging the Will. Exploring all of the facts and circumstances before filing an action is necessary to determine whether it is prudent. In cases that merit the challenge, you may need both an estate planning attorney and a good trial attorney.

To learn more about contesting a Will or defending an objection to one, contact our office today. 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.