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Should I go to court to contest a trust?

On Behalf of | Feb 22, 2024 | Trust & Estate Litigation, Trust Disputes

Some people consider establishing a trust to avoid probate. Despite taking this measure to avoid going to court, the trust’s terms or conditions can cause disputes, requiring legal interventions. If left with no other options, the beneficiaries or other involved parties may go to court to take legal action.

Having a valid reason to contest a trust

A trust can have various concerns, often depending on how the grantor set it up during their life and what terms may take effect after their death. Some scenarios can involve significant issues and violations, causing someone to contest the trust. Taking this course of action may only be valid for specific reasons, including the following:

  • Terms going against the legal rights of beneficiaries and surviving family members
  • Exclusion of particular people who are rightful beneficiaries
  • Violations committed by the trustee overseeing the trust
  • Any reason to believe that the grantor was not in the right mind or state when they established the trust
  • Evidence showing that fraudulent activities happened, affecting the trust’s legal soundness

Additionally, the arrangement can involve minor issues that may not require litigation. If there are reasonable ways to settle conflicts out of court, the involved parties can do so. Going to court for trust issues is often a last resort, only applicable under dire circumstances involving vital parties eligible to file a case.

Determining if litigation is necessary

Sometimes, gauging a trust issue’s severity can be challenging upfront. When faced with a concern that can have legal consequences, it can be beneficial to seek legal counsel from someone who is also ready to help contest the trust if necessary. Going to court for these concerns can be daunting, requiring experienced guidance from start to finish.