When a person sets up a trust, they leave instructions outlining how they want their assets handled after they pass away. Many trusts are executed without any issues; however, there are times when a person might realize that their trust wasn’t set up as they thought it was.
Some individuals might opt to take legal action to try to correct the trust. Certain circumstances must exist for this to happen. The person must be an interested party to the trust and have a valid reason to take legal action. One situation in which the courts may invalidate a trust is if there’s evidence that the trustor was under the undue influence of another person when they created it.
What is undue influence?
Undue influence means that someone convinced the person creating the trust to set it up in a specific way other than what they intended. This tactic generally benefits the person engaging in undue influence. They generally guide the trustor to set things up to enjoy the assets in the trust instead of others.
Proving that the person was under the undue influence of another person can be challenging. An interested party must make a few specific points to prove their allegations that undue influence occurred.
If you’re someone who has reason to believe that your loved one created a trust under undue influence, then you’ll want to learn more about your rights. Discussing your case with someone familiar with these cases and trust litigation may shed light on the options you have. Taking swift action is critical in these cases.