Article · Wills and Estates

Contesting the Will: How Estate and Trust Disputes Are Actually Fought

26 U.S.C. § 6018

Type
Article
Jurisdiction
National
Date
2024-09-26
Topic
Wills and Estates

Estate and trust disputes are family disputes conducted with lawyers, and they follow patterns that repeat across nearly every case. This article explains what a will contest actually requires — capacity, undue influence, fraud, duress, and improper execution — and why the grounds people find most compelling are frequently the ones courts find least persuasive. It covers standing, which limits who may contest at all, and the short deadlines that bar more claims in this field than any substantive defense. Separate parts address no-contest clauses and when they actually bite, trust contests and how they differ from will contests, and the fiduciary claims that arise after death: self-dealing, failure to account, imprudent investment, and favoring one beneficiary over another. Later parts cover the accounting as the central document in most trust litigation, the evidence that decides these cases, the cost of litigating them, and why the family relationships at stake usually deserve more weight than the money does. Examples run throughout.

Contesting the Will: How Estate and Trust Disputes Are Actually Fought

Wills and Estates > Estate and Trust Litigation | Published 26 September 2024 - Updated 9 July 2026 | UpLaw - uplaw.us

Three siblings. The father's will, executed eleven months before his death, leaves the house to the daughter who cared for him and divides the rest equally. The prior will divided everything in thirds.

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