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Estate litigation typically arises when an individual is displeased with what a will or trust declares. In other examples, the petitioner may be dissatisfied with how the distribution is being carried out. Litigation challenges the validity of the document itself or the interpretation of one or more of the clauses.
Disputing the Validity of a Will or Trust
Wills and trusts require proper execution in order to be valid. One difference between a will and a trust is that the distribution under a will is supervised by the court. This means, among other issues, that the court regularly provides an opportunity for others to object to the will. A proper objection triggers the court's scrutiny of the will. As the distribution of a trust is not court supervised, any challenge to its validity must be brought by your estate lawyer in a lawsuit.