TRUST CONTESTS

Trust contests are legal actions brought by heirs, beneficiaries, or other interested parties who seek to challenge the validity of a trust. In California, trust contests are governed by the Probate Code, which sets out the rules and procedures for bringing a trust contest.

There are several grounds on which a trust contest can be brought in California. These include:

TRUST CONTESTS GROUNDS

• Lack of capacity: If the person who created the trust (the “settlor”) did not have the mental capacity to understand the nature and consequences of creating a trust, the trust may be invalid.
• Undue Influence: If the settlor was unduly influenced by someone else to create the trust, the trust may be invalid. Undue influence occurs when the influencer exerts pressure on the settlor that overcomes the settlor’s free will.
• Fraud: If the settlor was induced to create the trust by fraud or deceit, the trust may be invalid.
• Duress: If the settlor was forced to create the trust under threat of harm or other coercion, the trust may be invalid. 
• Mistake: If the settlor made a mistake about the nature or terms of the trust, and would not have created the trust if they had known the truth, the trust may be invalid.

If a trust contest is successful, the court may invalidate some or all of the trust, and distribute the assets according to the laws of intestacy (if there is no will) or the terms of a prior will (if there is one).

Bringing a trust contest can be a difficult and expensive process. The burden of proof is on the person bringing the contest, and they must show that the trust is invalid by clear and convincing evidence. This is a higher standard of proof than in most civil cases.

Trust contests can be emotionally fraught, particularly if family members are pitted against each other in court. For this reason, it’s often best to try to resolve disputes over a trust outside of court, through mediation or other alternative dispute resolution methods.

If you believe that a trust may be invalid, it’s important to consult with an experienced California probate attorney who can advise you on your legal options. With the right guidance, you can protect your rights and interests, and ensure that the settlor’s wishes are carried out in accordance with the law.