Fighting For Your Inheritance
Fighting For Your Inheritance
Fraud! Sounds scary and it can be used to overturn a California Trust and Will, provided that you have the right set of facts. In this video, Albertson & Davidson describe using the concept of fraud to overturn a California Trust or Will.
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It doesn’t happen often, but the existence of fraud can cause a Will to be invalid. Fraud is simply a lie (called a misstatement of a material fact in legal parlance). Thus, if someone lies to a person creating a Will (called the testator) and that lie causes a different disposition under the Will than…
When creating a California Will there are a few basic steps that must be met from a legal perspective in order for that Will to be legally valid. In their simplest form, the two areas required for a valid California Will are the necessary “Intentionalities” and the required “Formalities.”
Intentionalities:
Intentionalities evidence a person’s intent…
No contest clauses were originally referred to as “In Terrorem” clauses. In Terrorem is Latin for “To Scare the Pants off my Beneficiaries”—loosely translated. And that’s what a no contest clause is supposed to do, prevent a trust or will contest by disinheriting a beneficiary who dares to contest the terms of the instrument.
California…
