What’s Required to Contest a Trust?

If you’re wondering whether to contest a trust or not, there’s a lot to know before moving forward. In this blog, we’ll go over all the basic information you need to determine whether or not this is the right path forward for you or not. As always, the best advice you can get is to consult with a professional attorney who specializes in estate planning, wills and trusts.

Can You Contest a Trust?

The most important question to determine whether you can contest a trust or not is this: Are you an interested party? In other words, do you have any stake in the deceased person’s assets? This will include the deceased person’s heirs as well as past and present beneficiaries. If you fall into one of these categories, then you may have justification to contest the trust. 

Why Do You Want to Contest the Trust?

Now that you’ve established that you have the right to contest a trust, we need to dig into why you want to take this action. In order to have a good case, you’ll need a legitimate legal basis. If you’re contesting the trust, the burden of proof falls upon you—meaning you will be responsible for proving that the deceased person’s trust is invalid under Alabama law. 

There are several reasons one might contest a trust. Some of the most common reasons are:

Lack of Mental Capacity

If the now-deceased person was mentally incompetent at the time in which they created or updated their will, this can be grounds for contesting a trust. Severe mental illness, dementia, substance abuse, and more could all serve as causes for the person lacking the mental capacity to make these kinds of decisions. 

Undue Influence

Unfortunately, in some cases outside influences can take advantage of ill or elderly people when it comes to their wishes. If you believe that someone—like a caregiver, child,  or new romantic interest—leveraged their relationship with the settlor to receive more than their fair share, there may be grounds to contest the trust based on undue influence.

Improper Execution

As you can imagine, there are very specific ways in which a trust should be executed. This will depend on the state that you live in, of course, but every state has requirements that must be met. If you believe that these requirements have not been met, you may have grounds to contest the trust. 

Contest a Trust with Confidence

There’s a lot to consider when contesting a trust—typically there are lots of people involved, state-specific legalities, burden of proof, and more. If you want to win, it’s time to partner with an experienced local attorney. Kristin Waters Sullivan specializes in estate law, and is ready to help you navigate the complicated road that is contesting a trust. Get in touch with her today to get started.