Understanding the Basis for Trust Contests

In the legal world, trusts serve as valuable tools for estate planning, offering a structured way to manage and distribute assets. However, there are instances when the validity of a trust comes under question, leading to trust contests. Understanding the basis for such contests is critical when navigating these complex waters. This blog post aims to demystify trust disputes, unveiling the common grounds for trust contests.

What is a Trust Contest?

A trust contest is a legal challenge to the validity of a trust — typically by potential beneficiaries or those who would have inherited in the absence of the trust. Contesting a trust is not a decision to take lightly; it can be a complex, expensive, and emotionally draining process.

Grounds for Contesting a Trust

Trust contests can be based on several grounds, each with its own legal intricacies:

Lack of Capacity

One common ground for a trust contest is arguing that the trustor (the person who created the trust) lacked the mental capacity to understand what they were doing when they established the trust. This could be due to conditions like dementia, Alzheimer’s, or mental illnesses.

Undue Influence

Trust contests often involve claims of undue influence. This occurs when someone uses their relationship with the trustor to manipulate them into establishing a trust that benefits the influencer, contrary to the trustor’s true wishes.


Fraudulent creation of a trust occurs when the trustor is tricked into creating the trust or including certain provisions. For example, the trustor might be led to believe they’re signing a different type of document, or they might be lied to about what the trust provisions state.

Improper Execution

Trusts must meet certain formal requirements to be valid. If these are not met, such as the trust not being signed or witnessed correctly, it may be possible to contest the trust.

Role of a Probate Attorney

Given the complexity of trust contests, engaging a probate attorney can be crucial. They can:

  • Evaluate the potential grounds for the trust contest
  • Guide you through the legal process
  • Advocate for your rights in court


Trusts stand as pillars of estate planning, providing a structure for asset management and distribution. However, when the integrity of these pillars is questioned, trust contests come into play. By understanding the common grounds for these contests, you gain crucial insights into the dynamics of trust disputes. Remember, in these complex situations, a probate attorney can provide invaluable guidance, helping you navigate the path towards resolution and uphold the sanctity of your loved one’s true wishes.