Differences Between Will and Trust Contests

Our Oakland Probate Litigation Attorneys Explains

In this video, Oakland probate litigation lawyer Charles Triay discusses some differences between contesting a will and contesting a trust. For more information about will and trust contests, contact our office.

Video Transcription

Let me talk about will contest versus trust contest. When I first started practicing in this area the contest were almost all will contests and few people had living trusts. That’s really changed over the years. Living trust had become much more popular and prevalent and so most of our contest cases are trust contest cases rather than will contest.

Let me explain what I mean. If you write a will then you can write a new will or you can do an amendment to a will which is a called a codicil. When you do a trust you don’t normally write a whole new trust, you do a trust amendment or sometimes called a trust restatement. The law is the same about the validity that there’s a few technical differences and how they have to be signed or witnessed or notarized or not notarized. The main features about the mental ability required to understand what you’re signing when you sign a will or a trust and the grounds to successfully contest a will or codicil or trust or trust amendment on undue influence grounds are basically the same.