Primary Elements That Prove Fraud in Estate Planning

Trying to prove fraud in estate planning

Irrespective of how much material possessions you have, estate planning is essential. Most people, unfortunately, put off their estate planning until they face looming death. During this period, the testator or testatrix is particularly prone to estate planning fraud.

Currently, there exist various categories of estate planning fraud. If you harbor a suspicion that you or a loved one is a victim of this, get a family attorney from Denver, CO. The following are the primary elements the attorney will help you prove in court to get recourse for the fraud.

Misrepresentation

In this element, you should prove that there was a false representation meant to make the testator or testatrix draft or modify their estate planning papers.

Do not be fooled to think misrepresentation is easy to establish. It should be adequately proven that the defendant in your case made a declaration that they knew was untrue to the testator.

Intent

Simply uttering a false statement is not the only requisite to estate planning fraud. You should have enough evidence that the defendant’s objective when making the statement was to sway the estate planning in their favor.

The element of intent is usually the hardest element to establish because it is difficult to prove exactly why someone said something. Thankfully, with competent legal representation, proving intent is not impossible.

Injury

This refers to an action that arose from the elements of misrepresentation and intent. In estate planning, the injury is typically an alteration of documents. If a testator or testatrix does not modify their documents to favor the defendant, the element of injury is absent.

Estate planning fraud is currently the most common type of elderly exploitation. Luckily, if you can sufficiently prove the elements above, there are different legal remedies for you. With a skilled attorney, a testator’s estate is guaranteed to go to their rightful heirs.