Legal Definitions - express active trust

Express dissatisfaction, within the realm of wills and estates, refers to a formal action taken by a beneficiary or potential beneficiary to challenge a will or object to any of its specific provisions during the legal process of validating the will (known as probate).

This action clearly communicates their disagreement or unhappiness with the will's contents, its validity, or how it is intended to be administered.

• Example 1: Contesting the entire will.

  After his grandmother's passing, Mark discovered her latest will left almost her entire estate to a new charity she had only recently learned about, disinheriting her children and grandchildren. Mark, who was a significant beneficiary in a previous will, believes his grandmother was not of sound mind when she signed the new will. He files a formal challenge in probate court, arguing the will is invalid due to lack of testamentary capacity.

  Explanation: Mark is expressing his dissatisfaction by formally contesting the entire will's validity in a probate proceeding, seeking to overturn it.

• Example 2: Objecting to a specific condition.

  Sarah's father's will states that she will inherit a substantial sum, but only if she remains unmarried until age 35. Her siblings receive their inheritances without such conditions. Sarah believes this specific provision is discriminatory and unfair. During the probate process, she formally objects to this particular condition, asking the court to remove it.

  Explanation: Sarah is expressing her dissatisfaction by formally challenging a specific provision within the will, rather than the entire document, during the probate proceedings.

• Example 3: Challenging the appointment of an executor.

  When her aunt's will was submitted for probate, Emily, a primary beneficiary, learned that a distant relative with a history of financial mismanagement had been named as the executor of the estate. Emily believes this individual is unsuitable to manage the estate's assets responsibly and could jeopardize the beneficiaries' inheritances. She files an objection with the court to prevent this person from being appointed as executor.

  Explanation: Emily is expressing her dissatisfaction by formally objecting to a specific instruction within the will – the appointment of a particular executor – during the probate process.