Contested Wills, Trusts And Estate Plans

Contested Wills, Trusts And Estate Plans

Disputes over the validity of a will, trust or other elements of an estate plan can quickly divide the decedent’s family. These cases often result in a complex litigation process and can become overwhelming if not properly managed by a seasoned trial lawyer. The attorneys at Gibson Law Partners, LLC , have a history of securing favorable results in these high-stakes matters for our clients.

With more than over 173 years of combined experience, our knowledge and track record of success are unparalleled among law firms in Louisiana. We have restricted our practice to only a few practice areas, including estate planning litigation. This narrow focus has allowed our lawyers to develop a deeper understanding into the cases that we do take, thereby providing our clients with an invaluable advantage.

Will Contests

Our attorneys have represented executors and heirs who are contesting a will in a broad range of circumstances, including those involving high-asset estates with complex property and business interests. We offer a strategic analysis of the decedent’s estate plan and the entirety of their assets to effectively resolve will contests emerging from:

• Undue influence
• Improper actions committed by the executor
• Lack of testamentary capacity of the decedent
• Fraudulent activities committed at the time of the will’s creation
• Forgery or other alleged inaccuracies in the will

Trust Contests

We represent prospective estate heirs and beneficiaries in litigation matters related to the retention or distribution of assets placed in a trust. Our experience in these matters includes:

• Unclear or ambiguous language within a trust
• Trust fails to adequately represent decedent’s wishes
• Lack of testamentary capacity
• Breaches of fiduciary duty by the trustee
• Undue influence

Undue Influence And Lack Of Capacity In Louisiana Wills And Trusts

Regarding creating wills and trusts, undue influence involves a person exerting control over the testator (the person making the will) in a way that overrides their true intentions. This kind of coercion can result in the testator distributing their assets in a manner that benefits the influencer rather than reflecting their genuine wishes.

Undue influence is exerted by someone close to the testator, such as a family member, caregiver or trusted friend. These people may use their position of trust to subtly or overtly persuade the testator to change their will in a way that benefits them.

Some of the common types of undue influence include:

• Isolating the testator from the family
• Withholding the necessary care or attention
• Presenting false information to convince the testator to act in the influencer’s favor

This type of coercion often happens behind closed doors, making it difficult to detect until after the will is executed. The burden of proof in these cases falls on the person contesting the will. They must demonstrate that undue influence occurred. If undue influence can be proven, it could lead to a court invalidating the will or trust.

On the other hand, lack of capacity involves the mental state of the person drafting the will or trust. To create a valid will in Louisiana, the testator must have the mental capacity to understand what they are doing. This means they must be aware of their assets, know who their beneficiaries are and understand the effect of the decisions they are making.

To prove lack of capacity, the person contesting the will must provide evidence, such as medical records or testimony from individuals familiar with the testator’s mental state, to show the testator was incapable of making informed decisions.

Capacity is necessary to help ensure the testator has the mental ability to make decisions and prevent disputes down the line. If someone lacked mental capacity when drafting the will, either due to illness, dementia or other impairments, then the will may be contested and potentially ruled invalid.

In both cases, proving undue influence or lack of capacity can lead to changes in how a will or trust is executed.

Contact Our Offices To Talk To An Attorney

For additional information about our contested wills and trusts practice, contact our attorneys in Lafayette at 337-301-8332 or by completing our contact form.