| Alan R. Horvath, Attorney at Law |
Estate Litigation - Do you Have a Claim?
The Document
While the law is very clear that it is the intent of the decedent that is to govern, in almost all cases it will be the written
terms of a will or trust that matter. It is not unusual for them to differ significantly from what a decedent may have said
prior to death. It is fairly normal for them to differ significantly from what family members may have inferred. Courts know
this and they are therefore reluctant to go against a document that was actually signed by the decedent.
It is possible to prove in court that the document is not in fact what the decedent intended. If for example, everyone
involved can testify that the decedent actually intended something different from what the words say, then the court is
likely to allow that evidence to affect the outcome. However, if there is conflict over what was intended, the court will insist
on very convincing evidence before it will deviate from the written document. Such convincing evidence is very hard to
produce and as a result, any attempt to challenge the actual words of the document is very expensive and has a low
chance of success. “No Contest” clauses would also come in to effect. (See separate topic page).
Under some circumstances it is possible to have the entire document thrown out. This would require showing that the
document is in fact a fraud, or the person signing it lacked capacity to understand his actions. In this case, the estate will
be distributed according to a statutory default distribution, starting with the spouse.
terms of a will or trust that matter. It is not unusual for them to differ significantly from what a decedent may have said
prior to death. It is fairly normal for them to differ significantly from what family members may have inferred. Courts know
this and they are therefore reluctant to go against a document that was actually signed by the decedent.
It is possible to prove in court that the document is not in fact what the decedent intended. If for example, everyone
involved can testify that the decedent actually intended something different from what the words say, then the court is
likely to allow that evidence to affect the outcome. However, if there is conflict over what was intended, the court will insist
on very convincing evidence before it will deviate from the written document. Such convincing evidence is very hard to
produce and as a result, any attempt to challenge the actual words of the document is very expensive and has a low
chance of success. “No Contest” clauses would also come in to effect. (See separate topic page).
Under some circumstances it is possible to have the entire document thrown out. This would require showing that the
document is in fact a fraud, or the person signing it lacked capacity to understand his actions. In this case, the estate will
be distributed according to a statutory default distribution, starting with the spouse.
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
| Serving Calaveras, Amador, Tuolumne, and San Joaquin counties, California |
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