By: Linda Hankins
An heir, beneficiary or interested party could seek to have a person’s testamentary plan voided on one or more grounds after the testator’s death. Such actions are common if the interested party is not satisfied by the testator’s plan. Those causes of action typically include:
1. An action to void the will or trust based on the failure to execute the testamentary documents with the formalities required by the law of the state where the decedent was domiciled;
2. An action to void the will or trust alleging that the testator lacked capacity to make a will or trust; and
3. An action to void a will or trust alleging that a person close to the testator influenced the testator to change his or her testamentary plan for their own financial gain.
A lawsuit attempting to void testamentary documents on any one of the three grounds can be expensive and time-consuming. To minimize this risk, consult with a qualified estate and trust lawyer.