Five Common Grounds for Contesting a Trust in California
By Richard Watson, Esq. & Jacqueline Watson, Esq.
A trust contest is a legal proceeding that challenges the validity of a trust instrument. Unlike will contests, which are filed in probate court, trust contests can arise in a variety of procedural contexts. Understanding the legal grounds available is essential for both those considering a challenge and trustees who may need to defend against one.
Lack of Capacity
The most frequently raised ground is that the settlor (the person who created the trust) lacked the mental capacity to execute the trust document. In California, the standard for testamentary capacity requires that the settlor understood the nature of the act, the extent of their property, and the natural objects of their bounty. Medical records, witness testimony, and expert opinions all play critical roles in these cases.
Undue Influence
Undue influence occurs when a person in a position of trust or authority over the settlor exerts pressure that overcomes the settlor's free will. California's Elder Abuse and Dependent Adult Civil Protection Act creates a presumption of undue influence in certain circumstances, particularly when the influencer had a confidential relationship with the settlor and was active in procuring the trust.
Fraud
A trust may be contested on the grounds that the settlor was deceived about the nature or contents of the document they signed. This can include misrepresentation of material facts or concealment of information that would have affected the settlor's decision.
Duress
If the settlor was coerced through threats or force into creating or amending a trust, the resulting document may be invalidated. Duress claims require evidence of specific threatening conduct directed at the settlor.
Improper Execution
California law imposes specific formal requirements for the execution of trust documents. While trusts generally have fewer formalities than wills, certain requirements — such as the settlor's signature and, in some cases, notarization — must be met for the instrument to be valid.