Legal Definitions - invalid will

Invasion refers to an unauthorized and often unwelcome intrusion or encroachment upon another person's rights, property, or interests. It can manifest in various forms, from physical entry onto land to interference with privacy or the use of funds within a trust.

Legally, the term is used in several contexts:

• Property or Personal Rights: This is a common legal application, referring to an unauthorized interference with someone's right to use and enjoy their property, or their personal rights like privacy. Such an act does not necessarily require malicious intent.
• Trusts: In trust law, an "invasion" specifically means withdrawing funds from the principal (the original capital or assets) of a trust, rather than just using the income generated by that principal. This action is typically carried out according to specific provisions outlined within the trust document.

Here are some examples illustrating the legal concept of invasion:

• Example 1 (Property Rights): A neighboring property owner begins construction and, without permission, allows their construction crane to repeatedly swing over a portion of your backyard during work hours, or temporarily stores building materials on your side of the property line.

  Explanation: This constitutes an invasion because the neighbor is making an unauthorized physical encroachment onto your property, interfering with your exclusive right to use and enjoy your land, even if the intrusion is temporary or seemingly minor.

• Example 2 (Privacy Rights): An individual's private emails, containing sensitive personal information, are illegally accessed and published online by a hacker without their consent.

  Explanation: This represents an invasion of privacy, as the hacker has unlawfully intruded upon the individual's personal and confidential communications, violating their right to keep such matters private.

• Example 3 (Trusts): A trust is established by parents to provide for their child's future, stating that the original capital (principal) should remain untouched until the child reaches 30 years old. However, the trust document also includes a clause allowing the trustee to "invade the principal" if the child faces extraordinary medical expenses that exceed their available income. When the child is diagnosed with a serious illness requiring costly treatment, the trustee uses a portion of the trust's initial investment to cover these expenses.

  Explanation: In this scenario, "invade the principal" refers to the trustee legitimately withdrawing funds from the main body of the trust's assets, rather than just the income it generates, because a specific condition outlined in the trust document has been met, allowing for such a withdrawal.