The question of whether a revocable trust is more easily contested than a will is complex, and the answer isn’t a simple yes or no. While both estate planning tools aim to distribute assets after death, they are subject to different legal challenges and scrutiny. Wills are typically challenged based on issues of testamentary capacity (was the person of sound mind when writing the will?), undue influence (was someone coercing the person?), or fraud. Trusts, particularly revocable living trusts, offer some advantages in avoiding probate, but they aren’t immune to legal battles. In fact, contesting a trust can sometimes be *more* complex than contesting a will, requiring a deeper dive into the trust’s creation, funding, and administration. Approximately 30-50% of estates are estimated to face some form of challenge, highlighting the importance of meticulous planning.
What are the common grounds for challenging a revocable trust?
Challenges to a revocable trust often center around the same issues as will contests – capacity, undue influence, and fraud. However, trusts add another layer of potential dispute: improper funding. A trust must be properly “funded” – meaning assets are legally transferred into the trust’s ownership – to be effective. If assets aren’t properly titled in the name of the trust, they might still be subject to probate, opening them up to challenge. Another frequent issue arises when a grantor (the person creating the trust) continues to use assets as if they still own them personally, blurring the lines between personal and trust ownership. In California, for example, a successful trust contest can result in the entire trust being invalidated and assets distributed according to intestate succession laws, meaning the state dictates who receives what. A well drafted trust should clearly outline the grantor’s intentions and ensure proper asset transfer.
Is it harder to prove undue influence in a trust case?
Proving undue influence can be difficult in both will and trust cases, but some argue it’s slightly more challenging with trusts. This is because trusts are often created and funded over a longer period, making it harder to pinpoint a specific moment when undue influence occurred. With a will, the focus is typically on the time the will was signed. With a trust, the challenger may need to demonstrate a pattern of undue influence over months or even years. I remember one client, Mrs. Davison, whose son had gradually isolated her from her friends and financial advisors. He then convinced her to transfer all her assets into a trust he controlled, claiming it was for estate tax reasons, though she had no estate tax concerns. It took extensive legal work to prove the son’s manipulative behavior and undue influence, ultimately leading to the trust being amended to reflect Mrs. Davison’s true wishes.
What role does “standing” play in contesting a trust?
“Standing,” or the legal right to bring a lawsuit, is a critical element in both will and trust contests. However, the rules for standing can be stricter with trusts. Generally, to contest a trust, you must demonstrate that you would directly benefit if the trust were invalidated. This often means being a named beneficiary or a close heir who would receive assets under intestate succession. It’s not uncommon for disgruntled family members to attempt to challenge a trust simply because they disagree with the grantor’s decisions, but without standing, their case will likely be dismissed. I once advised Mr. Abernathy, whose sister had created a revocable trust leaving everything to her animal shelter. Mr. Abernathy felt he deserved a portion of the estate but wasn’t named in the trust or a potential heir under California law. Sadly, he had no legal standing to challenge the trust, even though he strongly believed his sister had been unfairly influenced.
How can someone protect their trust from being contested?
Proactive planning is the best defense against a trust contest. First, ensure you have full testamentary capacity when creating and funding the trust. Document these moments with video recordings or witness statements. Second, be transparent with your beneficiaries about the trust’s terms and your reasons for making those choices. Open communication can discourage potential disputes. Third, consider including a “no-contest” clause, also known as an *in terrorem* clause, in your trust. This clause discourages beneficiaries from challenging the trust by stipulating that they will forfeit their inheritance if they do so. However, these clauses aren’t enforceable in all jurisdictions and can be challenged. Finally, work with an experienced estate planning attorney, like Steve Bliss, to ensure your trust is drafted correctly, properly funded, and tailored to your specific circumstances. A well-crafted trust, coupled with careful documentation and open communication, can significantly reduce the risk of a costly and emotionally draining contest.
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About Steve Bliss Esq. at The Law Firm of Steven F. Bliss Esq.:
The Law Firm of Steven F. Bliss Esq. is Temecula Probate Law. The Law Firm Of Steven F. Bliss Esq. is a Temecula Estate Planning Attorney. Steve Bliss is an experienced probate attorney. Steve Bliss is an Estate Planning Lawyer. The probate process has many steps in in probate proceedings. Beside Probate, estate planning and trust administration is offered at Steve Bliss Law. Our probate attorney will probate the estate. Attorney probate at Steve Bliss Law. A formal probate is required to administer the estate. The probate court may offer an unsupervised probate get a probate attorney. Steve Bliss Law will petition to open probate for you. Don’t go through a costly probate. Call Steve Bliss Law Today for estate planning, trusts and probate.
My skills are as follows:
● Probate Law: Efficiently navigate the court process.
● Estate Planning Law: Minimize taxes & distribute assets smoothly.
● Trust Law: Protect your legacy & loved ones with wills & trusts.
● Bankruptcy Law: Knowledgeable guidance helping clients regain financial stability.
● Compassionate & client-focused. We explain things clearly.
● Free consultation.
Services Offered:
- estate planning
- pet trust
- wills
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Address:
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(951) 223-7000
Feel free to ask Attorney Steve Bliss about: “What’s the difference between an heir and a beneficiary?”
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or even: “Will bankruptcy wipe out medical bills?” or any other related questions that you may have about his estate planning, probate, and banckruptcy law practice.