Contesting a trust is a legal process that involves challenging the validity of a trust or specific provisions of the trust in court. The goal is to change the inheritance, distribution, or bequest that a beneficiary or heir is set to receive from the trust. However, you can only file a trust contest (lawsuit) if you have legal standing, such as being an heir or beneficiary of the trust.
Contesting the terms of a trust can be complex, and requires the initiative of the contestant. Trusts and the actions of trustees can be challenged in California courts if the person contesting the trust files a petition to start the court process.
Settlor did not: understand nature of testamentary act; recollect the nature and situation of their property; remember and understand familial relationships.
Vulnerability of victim; influencer’s apparent authority; actions or tactics used by influencer; equity of the result. Shift burden: Influencer had: a confidential relationship with settlor; actively participated in procuring trust; and unduly benefits.
Duress involves destruction of free will; Menace involves threats of duress or injury.
A false representation or omission of fact; made with knowledge of its falsity (“scienter”); With the intent to deceive, i.e., induce reliance upon; and justifiable, detrimental reliance.
When you believe the person who created the trust was unduly pressured into creating the trust; if you believe that the person who created the trust was not mentally competent when he or she signed the trust; if you suspect fraud in the creation or administration of the trust; if the person who helped set up the trust will benefit from the trust; issues with how the trust document was signed or witnessed.
A beneficiary who is disinherited or disadvantaged under the terms of the trust may contest a trust. A beneficiary has a right to be notified of the existence of a trust and to receive a copy of the trust. A beneficiary also has a right to get information about the beneficiary’s interests in the trust. The beneficiary has a right to enforce the terms of the trust and to hold the trustee accountable.
An heir-at-law to the creator of the trust (the settlor) who is disinherited or disadvantaged also may file a trust contest.
The statute of limitations to contest a trust is triggered by the Trustee giving you notice.
Once you are given notice by the trustee, then the 120-day statute of limitations commences filing a trust contest. That is a short amount of time and will pass quickly. The 120-day period may be extended up to 60 days if a beneficiary asks for a copy of the Trust document after getting the notice. It is generally best to act within the first 120 days to contest a trust.
If a beneficiary does not file a Trust contest within 120 days after being issued a statutory notice by the trustee, then he is prohibited from contesting the trust in the future. However, if the notice specified in Probate Code section 16061.7 is not given, then the statute of limitations on filing a Trust contest remains open.
Due to the inherit complexities associated to filing a trust contest, it is in your best interest to contact the Law Office of Eric J. Rechsteiner and put to work this Office’s experience and skillset to bring your trust contest. Do not wait until it is too late.