Setting aside a Will or Trust

Based on various reasons, there are substantive requirements and evidentiary rules that apply to the grounds most typically alleged to set aside all or part of a will or trust, including lack of capacity , undue influence, fraud , duress or menace , mistake , and limitations on transfers to drafters and others. Many of the elements of causes of action for contesting wills are identical or similar to those for contesting trusts. The statutory and case law rules for establishing lack of mental capacity in a will contest, for example, are for the most part equally applicable to trust contests. Mistake is a notable exception, however, serving as a ground for setting aside a trust but not normally useful in attacking a will.

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