If you have been cheated by the disposition of a loved one’s trust due to their mistake or some sort of wrongdoing, you may be able to get what you deserve. A trust contest is a formal objection raised against the validity of a trust based on the contention that it does not reflect the actual intent of the settlor (the person who made the trust). Trust disputes or trust contests can be initiated in a variety of ways. An interested person may bring an action to:

  • determine the validity of a trust
  • to interpret trust provisions
  • to set aside conveyances to trusts
  • to impose constructive trusts on express trust assets
  • to include or exclude beneficiaries
  • to remove trustees

Additionally, many of the same claims asserted in will contests can be made in trust contests, particularly that the person who made the trust lacked capacity, or was undue the influence or duress of another. Or that they were induced by fraud or made a mistake. Courts may also invalidate trusts that were improperly created, executed, or funded. If you are interested in contesting the validity of a trust, it is important to let us help. The Probate Code can be confusing and you have a limited amount of time to take legal action. Thus, if you suspect a problem with a trust, contact us as soon as possible for assistance. We can help with all trust related matters, and are ready to walk with you every step of the way. To schedule an appointment, call us at (714) 963-7543. At The Legacy Lawyers we are dedicated to your peace of mind.