Trust Contests

A trust contest is similar to a will contest, but is instead a challenge to a trust.  Under certain circumstances, a court will set it aside part or all of a trust.

Common grounds for setting aside a trust include:

  • Undue Influence.  If the decedent signed the trust because he or she was under the influence of another, the trust is invalid.
  • Lack of Testamentary Capacity.  For a trust to be valid, the decedent must have had sufficient mental capacity at the time he or she signed the trust.
  • Fraud.  A trust isn’t valid if the decedent did not understand that he or she was signing a trust or didn’t know what the terms of the trust were as a result of fraud.
  • Forgery.  A trust with a forged signature is not valid.
  • Revocation.  Depending upon the terms of the trust, there may be a dispute as to whether the decedent tried to revoke the trust.

A challenge to a trust may need to be filed within a very strict deadline if it is related to an estate.  If you believe you have a claim or challenge against an estate, you should contact an attorney immediately.