Mathew Wrenshall, Managing Partner of RMO LLP in Pasadena, joined Bill Gross and Probate Weekly for a practical discussion on will and trust contests and the legal grounds that can justify challenging an estate plan in court. Their conversation explored common claims such as lack of capacity, undue influence, fraud, and improper execution, while separating legitimate disputes from misconceptions that often lead to unsuccessful litigation.
Drawing on RMO’s exclusive focus on trust, estate, and probate disputes, Mat provided insight into the evidence courts look for, the challenges beneficiaries and fiduciaries face in contested matters, and the importance of early legal evaluation when concerns arise about the validity of a will or trust. The episode offers valuable guidance for trustees, beneficiaries, heirs, and professionals navigating high-stakes inheritance disputes.
Key Takeaways
- Grounds discussed: lack of capacity, undue influence, fraud, duress or menace, and mistake.
- Gifts to the drafter of the instrument or to a care custodian can shift the burden of proof to that person.
- Once a beneficiary or heir receives the trustee’s §16061.7 notice, the 120-day contest deadline matters; get advice early.
- Removing a trustee is hard, but courts can suspend a trustee or appoint a professional fiduciary while allegations are sorted out.
Watch the episode to learn what it really takes to successfully contest a will or trust and how experienced litigation counsel can help protect your rights and interests in estate disputes.