Constructive TrustsConstructive Trusts
Probate litigation has changed drastically in the last several decades, particularly as nonprobate transfers have become an increasingly important way of moving assets from one generation to the next. For such transfers involving wrongdoing, though, traditional arguments of lack of intent to make a gift, lack of capacity and undue influence are by themselves not always enough to get the job done.
July 1, 2007
David W. Kirch, founder, David W. Kirch, P.C., Aurora, Colo.
Probate litigation has changed drastically in the last several decades, particularly as nonprobate transfers have become an increasingly important way of moving assets from one generation to the next. For such transfers involving wrongdoing, though, traditional arguments of lack of intent to make a gift, lack of capacity and undue influence are — by themselves — not always enough to get the job done. It may be particularly appropriate and useful also to assert constructive trust claims.
Setting aside nonprobate transfers can be an uphill battle, both legally and practically. With will contests, the law is defined,1 and the probate estate is usually easily accessible to the contes...
Unlock All Access Premium Subscription
Get Trusts & Estates articles, digital editions, and an optional print subscription. Choose your subscription now and dive into expert insights today!
Already Subscribed?
