Reasons Why Trust Agreement is Invalid

» Posted by on Aug 7, 2020 in Legal Services | 0 comments

If you have recently lost a family member and you have been informed that you don’t have any inheritance from the said person, then chances are, you need a trust litigation. Trust litigation occurs when disputes arise from the distribution of a specific estate or property from one family member to another. More often than not, a trust is created with specific instructions to provide inheritance from what to whom. However, what you need to understand is that even if the document is crafted in a good manner, it is still possible for issues to come up and therefore, what you need to do is to hire someone who knows the law.  

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If you are intending to contest a trust because of possible inconsistencies, you need to understand that you will have to experience a lot of difficulties since the processes require the knowledge and skills of a professional trust litigation lawyer/attorney. Here are the different reasons why you need a legal challenge is necessary and why hiring a professional lawyer could help you solve these problems: 

  1. The Creator Lacks Legal Authority 

One of the most common reasons why litigation occurs regarding inheritance is because the validity of the entire document is contestable. This occurs when the person who drafted the trust does not have the legal authority or the right mental capacity to execute such legal trust agreement. Therefore, if you have a hunch about the legality of the document and the authority of the one who drafted it, you need to make sure that you could prove this at court in order to have a legal basis on the invalidity of the document. This is where the work of a professional trust litigation lawyer comes in. You need the skills and knowledge of the lawyer in order to make sure that your move is based on specific laws and it could stand in the courtroom.  

2. Author is Coerced 

Another reason why the document is invalid is when the author of the trust agreement is coerced to write a specific provision within the trust. This is true, especially when the creator of the trust is already old and vulnerable to unnecessary persuasion by other entities or parties. Therefore, if you believe that the trust has been led by someone to distribute estates or properties in a way that is not typical, free will might be compromised and a financial elder abuse lawsuit may be raised.  

3. Forgery 

Lastly and most importantly, it is very possible for legal documents such as trust agreement could be forged. This happens, especially when the author of the trust does not have any knowledge on the laws revolving such document. Therefore, hiring a professional lawyer could mean that the document is checked for inherent inconsistencies and possible reasons for contest. At the end of the day, you only want what is due for you and due for others and therefore, it is your inherent responsibility to assure the validity of the document. Thus, hiring a professional trust litigation attorney is a necessity to prove your point.  

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