If you believe that you have been wrongfully cut out of a will or a trust, there are things you can do. Here is a sample of some of the claims you can investigate and pursue:
Authenticity of the Will, Trust or amendment: If the Will, Trust or amendment eliminating you was not actually signed by the person, you may be able to pursue a challenge.
Testamentary Capacity: If the person did not have mental capacity to understand what he/she was doing in signing the Will, Trust or amendment, it may be cancelled and disregarded.
Undue Influence: If the person was unduly influenced in signing the Will, Trust or amendment, it may be set-aside by the Court.
Presumption of Undue Influence: If another person who was a family member or otherwise had a position of trust or confidence to the person signing the document and the other person was instrumental in having the document signed and benefited by the document, a presumption of undue influence may arise. If so, the other person will have the burden of showing that the document was validly signed.