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Estate Litigation

Restore a Legal Will with an Experienced Trust and Estate Litigation Lawyer

If someone has taken advantage of your loved one, coercing him or her to create a new will or trust, Mr. Thomas Upchurch can help reclaim probate rights through estate litigation. Estate litigation is a complex field of law, and cases can take many different forms. Fortunately, Mr. Upchurch has extensive experience with probate and estate litigation disputes. He will fight tirelessly to bring exploitative parties to justice, and to restore your loved one’s legitimate will or trust. To meet with an experienced estate litigation lawyer who can protect your best interests, contact our Daytona Beach, FL, office today and schedule your initial consultation.

What is Estate Litigation?

Any time you legally contest or fight a will or trust, it qualifies as estate litigation. These cases can stem from many different circumstances. The most common scenario involves a family member or caregiver who becomes an integral part in the life of a testator, or person who makes a will. The client then becomes dependent on the caretaker for basic needs. In turn, the caregiver may start to isolate the testator and take other steps to exert undue influence. Far too often, the caretaker is then able to convince the client to create a new will or trust that primarily benefits the caregiver.

Do You Have a Viable Litigation Claim?

The Florida Supreme Court has established criteria to help courts assess estate litigation claims. Some of the most crucial factors involve the circumstances surrounding the procurement and execution of the will. Among other things, the court will consider:

  • Who made the initial contact with the attorney?
  • Did the beneficiary transport the testator to the attorney’s office?
  • Was the beneficiary present when the contents of the will or trust were discussed?
  • Was the beneficiary present when the will or trust was executed?
  • Who was in charge of safeguarding the will?

In addition, it must be shown that the decedent was unduly influenced by a substantial beneficiary, upon whom they relied, or had a confidential relationship.

The testator’s mental capacity is another key element in an estate litigation claim. However, a decedent did not have to be legally incompetent to have a viable claim. The court recognizes that individuals with diminished capacity are more susceptible to manipulation by a dishonest caregiver or representative. Physical and emotional dependence on a caregiver may qualify as diminished capacity in the eyes of law.

With estate litigation, you need an attorney with proven success in this field of law. Mr. Upchurch focuses exclusively on probate matters, and has helped many clients protect their best interests.

Why Choose Thomas Upchurch for Your Litigation Claim?

Estate litigation can be complex. Therefore, you need an attorney with proven success in this field of law. Mr. Upchurch focuses exclusively on probate matters, and has helped many clients protect their best interests. After analyzing your case, Mr. Upchurch will give an upfront assessment of what will be involved. He will discuss costs, the likelihood of success, and an estimated timeline. He understands that probate matters can be extremely stressful, and he offers empathetic legal services and aggressive representation.


If you or a loved one has been the victim of a dishonest caregiver or trustee, contact our firm today. Thomas Upchurch’s expertise can protect your best interests.