Trust Validity Defense Attorney

What are the Guidelines for Contesting a Trust?

Can you contest a living trust? Can you contest a single section of a trust instead of the entire trust instrument? Many questions surround trust contests, but the most common touch on the grounds for contesting a trust. But before we delve into that, let’s better understand the guidelines for contesting a trust.

If you have been named the trustee or beneficiary of the trust, you will certainly have more questions than these in mind. Maybe the trust opposes the grantor’s final wishes directly or directs that most of the assets be given to non-family members. Despite your reasons for worry, it’s great that you’re asking these queries because the more information you have about the trust, the higher your chances of winning the trust contest.

So, What is a Trust Contest?

A trust contest is a petition filed in court whereby the court scrutinizes the grantor’s trust to know whether it should be overturned. The court has the right to invalidate a trust amendment or the entire trust if it is an outcome of the unjustified influence of fraud or because the grantor was not in the right mental state when creating it.

Commonly, beneficiaries and heirs can be displeased with their inheritances, though contesting a trust on such a basis only won’t get you the verdict you need. There have to be more convincing reasons for disputing a trust.

Grounds for Disputing a Trust

There are numerous probable causes for a beneficiary’s inheritance to reduce or the abrupt presence of an heir in a trust instrument. Nonetheless, if you want to dispute a trust and win, you’ll need to have the following grounds:

• Undue influence or fraud
• Unlawful purpose
• Issues with language
• Lack of capacity

Undue influence or fraud

First, consider if there is any proof of fraud or undue influence. Among the most prevalent signs of undue influence are cases where a person had persuaded the grantor to sign a document stating that they didn’t know or understand where the grantor had been staying away from family members who might have otherwise understood what they wanted concerning specific assets.

Another instance of a more daring fraud is when someone creates a new fraudulent trust on behalf of the grantor without their permission.

This and the proper evidence are sufficient grounds for contesting a trust and winning.

Unlawful Purpose

The US Uniform Trust Code states that an executed trust can be invalid if it was created to serve an unlawful purpose or if the purpose hinders public policy. It can be contested if the latest trust enacts restrictions on religious freedom and freedom to marry. Likewise, an individual can dispute a trust if it breaches the laws of their state.

Remember that if you are opting to dispute a trust for an unlawful purpose, a court decision in your favor will only apply to the part that is seen as unlawful and not the whole document. If you believe the issue is with the entire trust or a new clause or amendment, you’ll need to legally dispute the trust due to other reasons like fraud or lack of capacity.

Issues With Language

Sometimes, the trust’s language can be vague, so different family members construe it differently. Therefore, if the language is unclear, some parties can request the court to modify or terminate it. For this reason, language issues can be enough basis to dispute a trust.

Lack of Capacity

Interested parties can dispute a trust if they have confidence that the grantor didn’t have the mental capacity to make modifications recently made in the document. This usually takes place when a person is diagnosed with a condition like Alzheimer’s or Dementia, known to trigger delusion or impede the individual’s capacity to make reasonable decisions.

What Ensues After a Fruitful Trust Dispute Regarding Trust Assets

If you contest a trust and win, the trust assets will be disbursed according to the guidelines of the grantor’s estate planning documents, provided they are valid. On the other hand, if the grantor never had any such documents before the invalid trust, the trust assets will be part of the grantor’s intestate estate and eventually be divided among their heirs through the intestate succession procedure.

Typically, those who will inherit under such circumstances are the surviving children and spouses of the grantor. If the grantor has no surviving spouse or children, the assets will go to their parents & siblings.

Who Can Dispute a Trust?

Before we cover the grounds for disputing a trust, let’s talk about who can contest a trust. Nobody can contest a trust; you need legal standing to do it. For instance, a beneficiary who isn’t included in the trust or has been given a smaller share than they thought they’d get has the right to dispute the trust.

Moreover, a beneficiary can get details about the beneficiaries’ interests in a trust. Also, the beneficiary can enforce the trust terms and make the trustee accountable.

An heir-by-law to the settlor who has been disinherited or been given a small portion of the assets can also dispute the trust. In short, if you have legal standing, you can go to court and try to get justice as a trust beneficiary or legal heir.

After How Long Should a Trust Be Contested?

When a trust is executed or a new trustee is assigned to manage the trust, the trustee has to notify all the beneficiaries. A trust dispute in California must be launched within 120 days after the notice is given to the beneficiaries, according to the California Probate Code clause 1606.7. The notification details the law needs to be given to trust beneficiaries.

So, if legally, you are allowed to contest the trust, you have 120 days to file a suit disputing the trust terms. For best results, act fast and call an experienced trust validity defense attorney and file a lawsuit.

California Statute of Limitations to Dispute a Trust

The statute of limitations to dispute a trust is activated once you get the above notice. The moment the trustee hands you the notice, the 120-day period begins, so you have to file the trust dispute. While this might sound like a long time, it is a short period and will pass swiftly. Nonetheless, this period can be extended by a maximum of 60 days if the beneficiary requests a copy of the trust after being given the notice.

If the trust dispute isn’t filed in the court within 120 days of getting the notice, they are prohibited from disputing the trust. On the other hand, if the notice, according to California code 16061.7, isn’t given, you can file a lawsuit since the statute of limitations remains open. This analysis can be complex; hence, finding the statute of limitations for a trust is a complicated process. Also, if you wait too long and the period lapses, you may be prohibited from filing a trust dispute.

That said, finding a good defense attorney for a trust would be best to make the process smoother.

In Conclusion

Finding a good trust validity defense attorney is your best bet in a trust contest. By now, you understand that not everyone can contest a trust, and you know the grounds for disputing a trust.

The more information you have, the better. Also, don’t forget to file a lawsuit because the statute of limitation in California is 120 days. Feel free to contact us; we act for individuals, representatives, executors, and trustees contesting against trustees, estates, and other parties. Moreover, we frequently advise on challenging and cross-jurisdictional problems, and often work with other intermediates.