Trust Contests

A Trust Litigation Attorney Can Help You Contest a Trust

A trust contest is a formal objection raised against the validity of a trust. You may raise an objection based on the contention that it does not reflect the actual intent of the settlor. The settlor is the person who made the trust. If you feel you want to contest a trust, a trust litigation attorney can help you.

A trust may include a no-contest clause with language along the lines of “any person who contests this trust shall forfeit his right to receive anything under the trust,” which operates to disinherit any person who challenges the validity of the trust. Since this clause is within the trust itself, a successful challenge would render the clause meaningless. If the contesting person was given something substantial under the trust, however, the gift could compel him to forego the contest even if he thought the trust was invalid.

According to California Probate Code Section 16061.7, a trustee must give the following people advance notice of his or her intent to administer a trust: any beneficiary of the trust and heirs of the settlor. The same people have standing (the right) to contest the trust’s validity.

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