Section 6 Wills and Trusts

• Library: Remedies 2006

Missouri courts have the power to grant declaratory relief regarding the construction or validity of a will. This power is specifically provided to the courts by § 527.020, RSMo 2000. Courts have applied this power broadly with respect not only to the construction or existence of a will, but also with respect to the rights and status of parties affected by the will. Stewart v. Shelton, 201 S.W.2d 395 (Mo. 1947).

The general rule is that a declaratory judgment action cannot be used to have a duly probated will nullified. 26 C.J.S...