Can I Challenge the Validity of a Trust?

Just like you can challenge the validity of a Will if you believe it is invalid, you can also challenge the validity of a loved one’s Trust.

To contest a Trust, you must have “standing”. Standing is a legal term that means you are a Trust Beneficiary, an Heir of the Grantor who was excluded from the Trust, a Trustee, or you were mentioned in a prior version of the Trust but excluded from the most recent one.

Similar to a Will, the main reasons you can contest the validity of a Trust include:

• Lack of Mental Capacity: You can argue that the Grantor did not have their full mental faculties when they set up the Trust and did not understand what they were doing. To win a case like this, you typically will need the Grantor’s medical records to prove that the Grantor suffered from a form of dementia or was taking prescription medication that made them lose their capability for rational thought.

• Undue Influence: This occurs when someone, often a family member or caregiver that the Grantor relied upon, coerced the Grantor to set up a Trust to benefit them, rather than the people who would typically expect to be named as Beneficiaries of the Trust. This is one of the most common types of Trust challenges that we see. To win a case with this claim, you will need to prove that 1) the influencer held a position of trust with or power over the Grantor, 2) the influencer financially benefited from the current Trust, and 3) the influencer worked to actively procure the new Trust document, such as setting up appointments with the attorney, being present at the signing of the Trust, or keeping a copy of the executed Trust agreement.

• Fraud: This occurs when the Grantor did not know they were signing a Trust agreement because they thought they were signing something else.

• Improper Execution: For a Trust agreement to be legally valid, it needs to be in writing, signed, witnessed, dated, list a beneficiary, and list a Trustee who is not the sole beneficiary. If any of these steps are missing, you can argue that the Trust is invalid. If the Trust documents were written by an attorney, it is rarely the case that they would be improperly executed. This is more likely to occur if the Grantor used an online DIY program to create the Trust.

Trust challenges are difficult and can take several years. The first step is to contact an experienced estate law firm in Florida, such as Huth, Pratt & Milhauser. We will analyze the details of your case. If you have a valid challenge, we will start the process by filing a complaint with the Court and walk you through all the steps we will take. Alternatively, if you are a Trustee of a Trust that is being challenged and need legal representation, call us to learn more about how we can help you.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt & Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida 33431

Phone: 561-392-1800

2500 North Military Trail, Suite 460
Boca Raton, Florida   33431
Phone: 561-392-1800

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