Three Reasons People Contest a Will or Trust in Louisiana

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For people to successfully contest a Will or Trust, they must have authority to question the validity of a Will or Trust. The following are three reasons why wills or trusts get contested:
(1) Formality Requirements Not Met. There are two different kinds of Wills in , each with different formality requirements. And trusts are subject to a different formality requirement. An olographic will is entirely written, dated, and signed in the handwriting of the testator. There are other requirements regarding where the will must be signed, but generally, it is easy to meet the formality requirements for a olographic Will. The problem with the olographic will is not often whether it is valid, but since most olographic wills are done by people who do not get adequate legal help, the language used in the Will can cause major problems when it comes time to go through the Succession and have the will probated.
Most wills are notarial testaments. To meet the formality requirements, a notarial testament is notarized, witnessed by two people, signed by the testator at the end and on each page, and a declaration must exist in the will that is substantially similar to the declaration in our notarial testament statute in . There are additional requirements regarding who can be a witness, and other requirements for the illiterate, blind, and those physically unable to sign.
A trust that is properly notarized and witnessed by two people will meet the trust formality requirements.
(2) Lack of Capacity. To have the necessary capacity to make a Will, a person must be able to comprehend generally the nature and consequences of the disposition that he is making. A person with severe dementia, for example, may not have the necessary capacity to make a will. This is often difficult to prove because capacity is typically not questioned until after the testator dies, and the will may have been executed years earlier.
(3) Undue Influence. A will shall be declared null upon proof that it is the product of influence by the donee or another person that so impaired the volition of the donor as to substitute the volition of the donee or other person for the volition of the donor. The authority for the definition of undue influence is Civil Code article 1479.
Often, it is difficult to prove that someone either did not have the necessary capacity, or they were unduly influenced. These battles amongs potential heirs are litigious, nasty, difficult, lengthy, expensive, and they wreck family relationships.
At our office, we do not handle these contested Will cases. Our preference is to work with people to set up things in advance, the right way, get it right the first time, and have the proper communication and planning in place so problems like this do not surface later. That's why it is so important to get these matters addressed while you are still healthy.
This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney
www.RabalaisEstatePlanning.com
Phone: [phone]

[@Elizabeth-yg2mg]

Thanks Paul, I'd been wondering about this. I'll be binge watching more of your videos.....

[@bluegrassgal7856]

Glad I'm not alone!

[@privateprivate8366]

This might be good news for me. I’m about to go into a hearing for probate, in a few days. Long story short, I was the closest child to my mother, for over 30 years. My sister, only during the last 4, until Mom died. My sister’s narrative is that mom didn’t actually need me all of those years. While there are 2 paid for properties, that might go to each of us, it seems that my sister either wants more or at least control of the one she’s not living in, probably to prevent me from ever selling, to try to bully me into ensuring she inherits that also, when I die. However, she said she couldn’t find a Will, this, mom died intestate. Could be that she found a Will and didn’t like it, however…Then, I found my stepfather’s Will in county records. Says I inherit all and distribute at my discretion and that I’m the successor executor to my mother. The deeds for both homes are still in our mother’s name, but my sister “thinks” she’s an owner, because mom said so and she has keys. Yeah. By this video, it looks as if the judge may decide according to my stepfather’s Will. Especially as I’m not looking to be greedy. As long as mom’s debts are paid, I’m just looking to get the one house, liquidate it and move on with my life. There is family narcissism involved so, that has influenced the picture. So, I just want funds to get out completely.

[@fleurdelouie2944]

What do you do when an attorney makes a grave error in a trust and because of that error the trust cannot possibly be executed for the purpose and intention of the settlor? Because of this error in the trust the beneficiary is screwed. It was made clear of how the trust was supposed to work to the attorney.

[@lindaliamoran9373]

Thank u!!!

[@DS40764]

I already made a will for my mom. And my mom say yes and no, and I signed for her and it was notarized and witnessed. She has some dementia, but could make up her mind and they let her, to live in the same room with a man she met in the in the care home. And she talked to me about what she wanted, when coherent And she answers yes and no appropriately. Anyway, Now I'm thinking her will won't stand up in court(if contested), but her assets will be divided up among her children (in the will), although I have done all her care. She started a will and didn't complete it(not legal). Anyway, I am moving away, after she dies and I will let them handle things in probate. But at least, her property wont go all to my brother, he was trying to do that (get her home before she dies) . So I wish I had seen this video before the signing. etc. But, that's okay if it goes to litigation my brother's version is not valid either, so it will be like she has no will in the end, correct? And her property won't go to anyone anyway ,just to pay her bills. So I see this as something out of my hands, but it would have been anyway, and at least my brother won't get it all.

[@milesdowning9257]

Start at 5 min

[@cbeark]

What about a trust that is not signed on each page? It is only signed once at the end and that signature is crossed out and signed twice before the third signature is kept. Wouldnt this make it easy to just insert a page fraudulently?

[@redfritz3356]

What is the right of assumption of the executor in a will?

[@siglandoe3913]

What happens when it says you must agree to the will or get only $1

[@elysedewyngaert178]

What do you think of a will where one child's birthdate wrong.

[@sarahanndenny1875]

Hi my grandad passed this may... he done a will 30 years ago and wasnt a legal will... the solocitors are saying the monies and estate will be split between 3 of his children but i feel that the later years of my grandads life i was there to care for him and help him day to day, have i got a case?

[@chrisscully1817]

Unfortunately the children come before the grandkids. I'm going thru something with my grandma. Her brother wrote a new will giving everything to him and nothing to us grandchildren. My father and my uncle are both passed away. Her original will just had them two splitting in 50/50. Well they are gone so us grandchildren our next in line to her estate. So now is grandchildren get nothing now!

[@dks13827]

I have heard that one a million times.

[@Elizabeth-yg2mg]

Judging from what he just said: No.

[@Ed-wg8dn]

here is some consideration of fairness in the United Kingdom legal system is some thing seems manifestly and just overall generally default to the text their is some consideration for fairness in the Uk with stronger provisions in northern Ireland Scotland That don’t apply to mainland Britain

[@dbb3892]

I do not agreed with what you said about accepted it . you mentioned that Mom can get trick to sign things by the brother , why will you said that the daughter should accepted it ? Sometimes Mon can be influence by the othe sibling .

[@privateprivate8366]

I’m not a lawyer at all. But my take is that law is more legal, than moral. Plus, it seems that the Will is more according to the will of the decedent, than the opinions of the beneficiaries. No one is really owed anything upon the death of a person, outside of what that person had wanted. The court is also disinterested in he said, she said, it wasn’t fair, bickering. Too much time and effort, for all of the cases there are. Yes, lives hang in the balance, but they can only go by the papers in front of them.

[@barbragvxfgf9070]

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