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Good afternoon. Both would be considered equally enforceable. The living trust
simply allows a person to avoid the probate
process. By forming the living trust during life and transferring assets that would otherwise be required to be probated to the trust, a person avoids the need for their estate
to go through the cost, expense and time of probate. Although equally enforceable, it would likely be harder to contest the trust because the trust is usually put in place well in advance of death and so someone wanting to contest is going to have a much higher burden of showing any of the following elements necessary to sustain a valid contest....lack of requisite mental capacity, duress, fraud, coercion and/or undue influence.
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