Wills and trusts are created by individuals with the intention to control the disposition of their real and personal property upon their death. Unfortunately, it is all too common to see surviving family members fighting over the property of their loved ones.
Will and trust disputes arise when a friend or family member claims that he or she was left out of the will or a trust, or, when a friend or family member claims another person was wrongfully included in the will or trust. In most cases, in order to overturn the decedent's will or trust the party challenging the document must prove the decedent was not mentally competent when he or she executed the will or trust; that the will or trust was not executed with all legal formalities; or, that the will or trust is a product of fraud or undue influence.