Trust Law · claim
A trust contest is initiated when an interested party disputes the validity of a trust, often alleging issues such as lack of capacity, undue influence, or improper execution. The party challenging the trust seeks to have the trust deemed invalid in order to recover assets or benefit from an alternative estate plan.
The contesting party must show they have a legal interest in the outcome of the trust dispute.
What to prove: It must be demonstrated that the challenger is an interested party, such as a beneficiary or heir at law.
The challenger must establish valid legal grounds for contesting the trust.
What to prove: The claimant must prove grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution of the trust document.
The contesting party must file the contest within a legally prescribed time frame.
What to prove: It must be shown that the challenge was made in accordance with statutory time limits relevant to trust contests.
The burden of proof typically lies with the challenger to establish the grounds for the contest by a preponderance of the evidence.
Examiners may test your understanding of the grounds for contesting a trust and the required procedural elements, so focus on both substantive and procedural aspects.