What Is a Trust Contest?

Executive Summary

• A trust contest is a legal avenue for removing provisions of a trust that were the result of fraud, undue influence, coercion, or other wrongdoing. 
• You cannot contest a trust because you do not like its terms. You must have grounds for doing so, like concerns surrounding the creator’s mental capacity or potential fraud.
• The trust contest process involves filing a court petition, providing evidence of the need for a contest, and attending a court hearing to present your case.
• Seeking the support of a trust litigation attorney can help you prepare a legitimate trust contest and secure your rightful inheritance.

Introduction

A trust is a legal arrangement where one person or entity, known as the “trustee,” holds the title to property and manages it for the benefit of another person or people, known as the “beneficiaries.” The creator of a trust is known as the “trustor” or “settlor”, and the trust outlines the settlor’s wishes for the distribution of their assets to beneficiaries after their death. However, when an interested party believes that a trust is legally invalid, they may pursue a legal action called a “trust contest” to dispute the enforcement of the trust.

If a trust has been altered through undue influence, fraud, coercion, or other means, a trust contest can be used to restore the initial trust document and protect the intentions of the trust’s creator. Understanding how this process works can help you preserve the initial interests of the trust and receive your full inheritance. 

This guide outlines what a trust contest is and what the process of contesting a trust requires, so you can use it to secure access to your rightful inheritance. 

What are grounds for contesting trust?

However, you cannot contest a trust simply because you don’t like or agree with its terms. Rather, to challenge a trust in court, you must have reason to believe the trust is invalid and have legal grounds to attack the validity of the trust document. 

Common reasons you can contest a trust include the following:

• Mental incapacity of the trustor – The person making the trust was mentally incompetent or incapacitated when the trust was created or amended.
• Undue influence or coercion – The trust was created or amended due to undue influence, duress, or coercion committed by someone with an interest in the trust property against the trust creator 
• Fraud or forgery – The trust was created or amended as a result of fraud or forgery. 
• Improper execution – There were issues with the execution and creation of a trust, such as missing signatures, a lack of witnesses, or a failure to follow notary requirements, which can invalidate the document.

If you would like to contest a trust but are not sure if you have a valid reason to do so, consult with a trust litigation attorney as soon as you can. Most trust lawyers offer free initial consultations, so there’s no reason not to discuss your situation with a professional.

What is the process of contesting a trust?

Contesting a trust requires seeking a resolution through the probate court and compiling valuable evidence to do so. Carefully following this process is crucial for ensuring the legitimacy of your contest and achieving the best possible outcome. Contesting a trust involves the following steps.

Filing a dispute in probate court 

To contest a trust, you’ll need to file a dispute in probate court. You’ll need to have detailed and specific facts and evidence that support your claim, as well as witnesses to testify to this evidence. The more evidence and witnesses you can find to corroborate your version of events, the more likely you are to succeed. 

To contest a trust in California, you must initiate a trust contest and file a petition within 120 days after beneficiaries receive notice of the beginning of the trust administration process according to Probate Code §16061. In Texas, you may have up to several years to contest a trust.

Gathering supporting evidence

Having evidence to support your trust contest will only increase the chances of a successful outcome. Gathering as much evidence of wrongdoing as possible will simplify your case and often reduce the amount of time needed to prove your case in court.

Evidence that can be used to support a trust contest includes:

• Medical records proving trustor incapacity
• Communication records showing the original intentions of the trustor
• Witness testimony of undue influence or coercion against a trustor
• Proof of the mismanagement of assets related to a trust

Seeking an attorney

Trust contests often can take several years to complete the trust litigation process. However, partnering with an experienced trust litigation attorney can sometimes decrease the time it takes to resolve your case. A knowledgeable lawyer can identify the best strategies for contesting a trust, which will give you the greatest chance of obtaining the most favorable outcome quickly.

They will also be able to provide support in gathering evidence and building the strongest possible case for securing your inheritance.

Attending court hearings

Your trust litigation attorney should handle court hearings on your behalf and walk you through every stage of the probate litigation process. You can expect your case to include an investigation and discovery phase, where each side strengthens their case and then exchanges information with the other side. 

Your case may also involve a mediation session, which is a formal settlement negotiation process – often led by a retired probate judge – and, if a settlement cannot be reached, a trial.

Receiving a decision

If the probate court rules in your favor in a trust contest, the trust document will be considered invalid. The court may decide to invalidate specific sections of the trust that were proven to be invalid, depending on the circumstances and the extent of the misconduct. 

For example, if the trust was initially created under appropriate circumstances but amended when the creator lacked full mental capacity, the court may rule that the amendment is invalid and disregarded in the trust administration process but that the remaining provisions are still valid and applicable for guiding the administration of the trust. 

In other cases, the court may rule that the entire trust is invalid. If this occurs, trust property will not be distributed according to terms of any invalid provisions of the trust. Instead, the trust assets will be allocated based on state intestacy laws, a will, or a previous trust instrument that was not compromised by acts of misconduct. 

Is it difficult to contest a trust?

It can be challenging to successfully contest a trust because you must be able to prove that the trust instrument is legally invalid, despite often not having firsthand knowledge of the events surrounding the creation of the trust. For this reason, you should always consult with a trust litigation attorney to determine if the contest is worth pursuing.

To successfully contest a trust, you must show that the document is unenforceable for one of the legally recognized reasons discussed above. In most cases, the challenging party will have the burden of proof, which means they must present sufficient evidence to prove that the trust is invalid. However, in some instances where undue influence is alleged, the burden may shift to the party alleged to have unduly influenced the trustor to prove the trust is valid.

Before moving forward with a trust contest, you should always discuss your situation with an experienced trust contest lawyer. An attorney can evaluate the circumstances of your situation and advise you on the strength of your case. 

Sometimes, you might not have a legitimate reason for disputing the trust, or you might conclude that the cost of taking legal action outweighs the potential rewards. Most trust litigation attorneys offer free consultations, so take advantage of this to get a professional opinion on your case.

Factors that can influence the success of trust contests

Trust contests are rarely cut-and-dry cases, and the success of trust contests can vary widely depending on the circumstances. 

One of the most common factors that can prevent success is not having valid grounds to pursue a trust contest. It’s important to verify that you have justifiable grounds under the law to prevent your contest from being dismissed outright.

Once you ensure you have grounds to contest a trust, the following factors have the greatest impact on the success of trust contests:

• Strength of evidence – If you can present firm, indisputable evidence of wrongdoing or fraud, you will have a far greater chance of convincing the court of the invalidity of the trust.
• Credibility of witnesses – Witnesses who can credibly testify to acts of undue influence, fraud, or coercion weaponized against the trustor can provide further validity to your case.
• Complexity of legal issues – Trust contests can be complex, costly, and time-consuming, so a person’s motivation and capacity to follow through on the contest is often a key part of ensuring a successful outcome.

To increase your chances of success, you should consult a skilled trust litigation attorney who can help you build a solid case founded upon strong evidence. Our team at RMO will support you in building a winning strategy to achieve the best possible outcome. 

Types of trusts subject to contest

There are several different types of trusts that a person can establish for the sake of protecting their assets upon their death. Each type of trust offers different benefits and opportunities for the trustor.

You can contest the following types of trusts: 

• Living Trusts – Living trusts, or revocable trusts, are created by a trustor during their lifetime and can easily be changed at any time by the trustor before their death. However, these trusts cannot be changed after the trustor has died. 
• Testamentary Trusts – A testamentary trust is created after a trustor has passed but is established by the will they created. A trustor has the ability to make changes at any time by changing their will. 
• Irrevocable Trusts – An irrevocable trust is created by a trustor during their lifetime, but it can only be changed by the trustor with consent from all interested parties including the trustees and beneficiaries. 

Although these trusts have different limitations, costs, and requirements, the process for contesting these trusts requires the same steps of filing a petition with the court. After a trustor dies, the different types of trusts are treated the same. Typically, you cannot contest a trust before the death of the trustor or before the trust administration process begins, so the process for contesting a trust is the same.

Common legal defenses against trust contests

In certain situations, an individual may benefit from a trust in its current form and believe that the trust is valid and upholds the wishes of the trustor. If you are a beneficiary or trustee who believes a trust contest is unnecessary and are interested in defending against a trust contest, you have several options. 

The most common defenses are: 

• Affirmation of trust validity – Proof that a trustor supported the trust in its current form, such as medical records showing mental capacity or communications highlighting trustor intentions, can dispel claims that a trust’s provisions are invalid. 
• Lack of evidence in contesting claims – If applicable, the defense can argue that the contesting side does not have witness testimony or physical evidence showing signs of misconduct, like fraud or coercion.
• Compliance with legal formalities – If the defense side can prove that the trust was created and enacted while following all legal procedures, including valid signatures, fulfilled notary requirements, and compliance with trustee fiduciary duty, the court is more likely to consider a contest as unfounded.

A trust litigation attorney can support interested parties looking to defend against trust contests. During an initial consultation, you can discuss the circumstances with an attorney who can help you create a firm defense against potential contests.

Costs associated with trust contests

The costs associated with filing a trust contest can vary widely depending on the complexity of the trust and the difficulty of proving the validity of the trust. Between the court and attorney fees, costs can range from a few thousand dollars to over a hundred thousand dollars. 

• Legal fees – Legal representation for a trust contest is the most costly component, especially if your trust contest requires considerable time and analysis from an attorney.
• Court costs – Court costs involved in trust contests include filing fees and administrative fees associated with petitioning the court. 
• Potential risks of losing – If you lose a trust contest, you will be on the hook for legal fees, will have lost considerable time and effort, and may even have an unfavorable impact on your inheritance. 

In some cases, these fees may be worth it if a trust contest is likely to secure you a greater portion of trust assets through access to your rightful inheritance. It’s important to have a firm understanding of these costs before weighing your options and the likelihood of a successful contest. 

Scheduling an initial consultation with a trust litigation attorney can provide you with the opportunity to discuss your legal options, the necessary steps for your contest, and your chances of achieving a successful outcome. 

Alternatives to trust contests

Trust contests are often lengthy, complex, and costly legal processes. Often, if there is a discrepancy in a trust that requires a change, it is in the best interests of all parties to pursue an outcome that satisfies all sides without having to navigate the courts.

You can consider all the following alternatives to trust contests:

• Trust modification – If a discrepancy exists in a living trust and the trustor is still alive, they can modify the trust to prevent disputes during the trust administration process upon their death.
• Mediation – Mediation involves a third-party mediator who can work to facilitate a compromise between interested parties in the trust for an interpretation of the trust provisions that reasonably benefits all sides.
• Negotiation – If there is a trust contest surrounding the interpretation of the trust and its impacts on asset distribution, it’s possible for these parties to bypass the courts and negotiate an agreement that satisfies all sides. 

Impact of trust contests on family relationships

A trust contest is a sensitive process that can have unfortunate impacts on family relationships, and this is only magnified by the difficulty of losing a loved one. 

To minimize the strain placed on family relationships, it’s important to maintain open dialogue and respectful communication while navigating conversations without accusations or assumptions. If all parties can remember that the value of a trust contest relies on preserving and respecting the wishes of a deceased loved one, they can foster an environment built on reconciliation and respect.

The right attorney can support you in navigating the difficulties of trust contests and preserving family dynamics in the process. However, it’s important to choose an attorney who has a reputation of being sensitive to family circumstances and experience in navigating complex family dynamics. 

Protect your rights and navigate disputes with an attorney

A trust contest is a valuable legal avenue for removing invalid provisions of a trust that were added as a result of undue influence or other wrongdoing. If you plan to contest or challenge a trust, you should seek the support of a skilled attorney to help.

At RMO, we have decades of experience in navigating trust disputes, litigation, and other cases surrounding the trust administration process. Our trust litigation attorneys can provide you with the guidance necessary to navigate the legal process and build a strategy to secure your access to your rightful inheritance. 

Schedule a consultation with our team at RMO to learn more about your legal options and how we can support you in achieving the best possible outcome for your case.