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How can I contest a loved one’s trust?

On Behalf of | Dec 19, 2019 | Firm News

Learning that you are not entitled to a significant portion of a loved one’s estate after they pass away can create an additional upset in a time of mourning and grief. There can be situations in which an heir to a deceased person’s estate believes that a trust was created that should be considered invalid or unjust. If this is the case in your situation, you may want to consider contesting the trust.

Many people are unsure as to whether it is possible to contest a trust. While contesting a will is relatively common, contesting a trust can be more challenging, in part because it is probable that the decedent already proceeded to transfer their assets to the trust during their lifetime. If you want to take action to contest a deceased loved one’s trust, the following are ways you can go about doing this.

Show that the decedent had a lack of capacity

A person who initiates a trust in their name must have the mental capacity to do so. Mental capacity in legal terms is regarded as having the ability to understand the consequences of the decision being made, and how the decision will affect their loved ones in the future. If you can do this, you may be successful in contesting the trust.

Show that they were subject to undue influence

Many people become heavily influenced by people toward the end of their lives. This is most often the case when a person is feeling lonely or vulnerable. People can sometimes take advantage of those in such a vulnerable place and, consequently, manipulate them financially. If you believe that your loved one was affected by undue influence, consider taking action to contest the trust.

There are many ways that you may be able to contest a trust and have the funds redirected, but you should be able to give adequate evidence and have legal standing. If you have further questions or concerns regarding how to successfully contest a loved one’s trust, it is important that you take swift action to understand the way that the process works. By doing so, you will have the greatest chance of success.


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