If you’ve recently lost a loved one and are concerned about the execution of their estate plan, you may wonder how to challenge a California trust. This form of trust litigation focuses on the validity and implementation of documents, and we will go over its basics here.

Who’s Eligible to Challenge a Trust in California?

To challenge an estate plan, one must be legally eligible to do so. In California, only interested parties can contest wills and trusts, with the list including:

• Beneficiaries who are named in the document’s distribution section.
• Those who will inherit the estate under California’s intestacy laws.

Trust Litigation Attorney Scott Grossman can determine your eligibility and help you challenge a California will or trust.

Why Challenge a Trust? Here are a Few Reasons

Contesting parties face an uphill battle when challenging trusts. Because they have the burden of proof, they must show that trust documents were created illegitimately. Here are five reasons to challenge a California trust:

• Incompetence. If a settlor (the person making the trust) is mentally incompetent at the time, they cannot create or update an estate plan. Proving a lack of mental acuity requires testimony from medical professionals.
• Unfair influence. Sometimes, people leave their estates to caregivers and love interests—and in these situations, families can contest trusts based on undue influence. According to the state code, a person is vulnerable to undue influence if they are ill, injured, incapacitated, or dependent. To win, beneficiaries must prove that others took advantage of the document creator’s vulnerability.
• Forgery. The signature on trust documents must match that of the creator. To win based on forgery accusations, beneficiaries must work with handwriting analysts to prove that there’s a signature mismatch.
• Document defects. Trusts must meet legal requirements. If there’s anything illegal about the document’s creation or implementation, beneficiaries can challenge it.
• The existence of multiple documents. If someone creates several versions of a will or trust, family members can contest older documents.

A wills and trusts attorney can help families find grounds upon which to challenge trusts, and they will also help them work toward a fair outcome.

When to Challenge a Trust

After a document creator’s passing, their legal successor must notify beneficiaries within 60 days. Notices must explain the administration process and how to obtain copies of trust documents. The clock starts ticking when notices are sent, and the statute of limitations only gives beneficiaries 60 days from when they received the notice—or 120 days from the mailing date—to challenge a trust.

No-Contest Clauses

Revocable trusts sometimes include no-contest clauses barring others from overturning or challenging the document. Essentially, these clauses state that those contesting the trust will lose their inheritance. 

If you’ve already been disinherited or have probable cause, you won’t lose much by challenging the document—but you may make significant gains. Consult an experienced litigator who will tailor their recommendations to your case’s circumstances.

Seek Legal Advice

To challenge a trust, you’ll need representation from an experienced trust lawyer. Your attorney will review the documents you’ve received, gather supporting evidence, and offer their opinion on your chances of success. Overturning trust documents can be difficult, but it’s possible with help from skilled legal advisors. Use our online form to request information or call to schedule a consultation.