Key Takeaways
- The primary grounds for contesting a trust in California include lack of capacity, undue influence, fraud or forgery, mistake, and duress.
- Only individuals with legal standing, typically beneficiaries, heirs, or persons named in prior versions of the trust, may file a trust contest.
- Trust contests must follow California Probate Code procedures, often involving petitions, discovery, mediation, and, in some cases, trial.
- Beneficiaries should act promptly, as deadlines under the Probate Code can be short and strictly enforced.
Disputes over a loved one’s trust can arise at a time when families are already navigating difficult emotions. When beneficiaries believe that a trust does not reflect the creator’s true intentions, California law provides a structured process for challenging its validity.
The Grossman Law Firm represents beneficiaries throughout the state in trust litigation matters, including contests based on undue influence, lack of capacity, fraud, and other legal defects. Understanding the common grounds for contesting a trust in California can help you determine whether court action is appropriate.
What Is a Trust Contest?
A trust contest is a formal legal challenge that asks the court to determine whether a trust, or a specific amendment, is valid. These cases typically arise when someone believes the trust was created under improper circumstances or that it no longer reflects the trustor’s genuine wishes.
The goal of a trust contest is not simply to create conflict. Rather, it is to ensure that the trustor’s true intent is respected and that beneficiaries receive what the law entitles them to.
Who Has Standing to Contest a Trust?
Not everyone may challenge a trust in California. Legal standing is limited to individuals who have a direct financial interest in the trust’s outcome. This generally includes:
- Beneficiaries named in the current trust
- Heirs at law who would inherit if the trust did not exist
- Individuals named in a prior version of the trust who were later removed
A person must show that the trust adversely affects their inheritance rights. Without a demonstrated financial impact, the court will dismiss the contest.
Common Grounds for Contesting a Trust in California
Lack of Capacity
Legal Standard
California requires that a trustor possess sufficient mental capacity when creating or modifying a trust. This includes understanding:
- The nature of the trust
- The type and extent of the property being disposed of
- The identities of the beneficiaries
If the trustor suffered from dementia, cognitive decline, mental illness, or another condition affecting sound judgment, the trust may be invalid.
Proving Lack of Capacity
Evidence often includes:
- Medical records
- Testimony from physicians or mental health professionals
- Witness statements documenting confusion or impaired functioning
Courts require clear, credible evidence because capacity challenges are fact-intensive and often contested.
Undue Influence
Undue influence occurs when someone pressures, manipulates, or exploits the trustor to gain an unfair benefit. Under California law, indicators of undue influence include:
- Isolation of the trustor
- Dependence on the influencer for care or support
- Unusual or unexpected changes favoring the influencer
- A confidential or controlling relationship
Examples
A caregiver who discourages family involvement and persuades an elderly person to leave them most or all of the estate’s assets is a classic example. California courts carefully analyze these relationships to determine whether the trustor’s free will was overridden.
Fraud or Forgery
Fraud may involve tricking the trustor into signing documents under false pretenses or misrepresenting the contents of the document. Forgery occurs when someone signs the trustor’s name or alters documents without permission.
Legal Remedies
If fraud or forgery is proven, the court may:
- Invalidate the trust or amendment
- Restore an earlier valid version
- Order financial recovery against the wrongdoer
Some cases may trigger a criminal investigation in addition to civil litigation.
Mistake
When Mistakes Matter
A trust may contain errors ranging from typos to incorrect beneficiary designations or asset descriptions. California courts have the authority to correct mistakes when evidence demonstrates the trustor’s true intent.
Proving a Mistake
Evidence may include:
- Prior drafts
- Notes or correspondence
- Testimony from witnesses familiar with the trustor’s wishes
Courts require clear and convincing evidence before reforming a trust based on mistake.
Duress
Recognizing Duress
Duress involves threats, intimidation, or coercive behavior that forces the trustor to sign or modify a trust. It may include threats of physical harm, confinement, or other acts that deprive the trustor of free choice.
Legal Consequences
A trust created under duress is invalid. Courts will carefully evaluate the circumstances surrounding the execution to determine whether the trustor acted voluntarily.
How the Trust Contest Process Works in California
Filing the Petition
A trust contest begins by filing a petition in probate court identifying the grounds for the challenge. Deadlines vary, but beneficiaries must act quickly, especially after receiving a Probate Code section 16061.7 notification from the trustee.
Evidence Collection
Evidence may include medical records, financial documents, witness testimony, expert evaluations, and discovery materials obtained through litigation.
Mediation
Most trust contests proceed to mediation. Many cases resolve through negotiated settlement, avoiding the cost and time of trial.
Litigation and Trial
If mediation fails, the case proceeds to a court trial before a probate judge. The court reviews all evidence and issues a ruling that may uphold, modify, or invalidate the trust.
Consequences and Risks of Contesting a Trust
Potential Outcomes
Depending on the evidence, the court may:
- Uphold the trust
- Invalidate a specific amendment
- Invalidate the entire trust
- Reinstate an earlier version
- Apply intestate succession if no valid trust exists
Impact on Beneficiaries
Trust contests can delay distributions and may strain family relationships. However, when a trust arises from wrongdoing, litigation is often necessary to protect beneficiary rights.
Legal and Financial Costs
Trust contests can be costly due to attorney fees, expert witnesses, and lengthy litigation. Beneficiaries often weigh the value of the potential recovery against litigation risks.
Related Resources
- 20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties
- Overview of California Trust Litigation
- How to Get Your Trustee to Distribute Your Inheritance
- Know What You’re Getting Into: The Timeline of a Trust and Estate Lawsuit
- Can the Court Remove Your Trustee for Mishandling Assets?
- Can’t Afford a Probate or Trust Attorney?
FAQ
Can you contest a trust after the trustor dies?
Yes. Most trust contests occur after the trustor’s death, when beneficiaries review the trust terms for the first time.
Is there a deadline to contest a trust in California?
Yes. After receiving a statutory notice (Probate Code §16061.7), beneficiaries typically have 120 days to file a contest.
Does a no-contest clause prevent challenges?
Sometimes. California enforces no-contest clauses in limited circumstances, usually when the contest is without probable cause.
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published Mar 3, 2024