If someone files a trust contest, they’re not just questioning your role—they’re trying to invalidate the trust itself. Allegations may include undue influence, mental incapacity, or outright fraud. If you’re serving as trustee, this puts you in a challenging position. However, there are steps you can take to protect the trust, your role, and your peace of mind. With the right support, you can handle this challenge effectively.
Understand the Grounds for the Trust Contest
A trust contest is a formal legal challenge to the validity of the trust. In California, common grounds include:
- The person lacked mental capacity when creating or amending the trust
- Someone exerted undue influence or pressure
- There was fraud, forgery, or coercion
- The trust wasn’t properly signed or witnessed
The person filing the contest must usually prove these claims in court. As trustee, it’s not your job to prove the trust is valid, but you are responsible for acting appropriately while the court reviews the matter. Understanding the claims being made helps you avoid missteps and prepare for what’s ahead.
Stay Neutral and Honor the Trust Terms
Although you have duties to the beneficiaries of the trust, you have a duty to defend the validity of the trust. Even if you believe the contest is unfounded, it’s important to avoid showing favoritism or reacting emotionally. Stay focused on what the trust says and continue handling your responsibilities as written. Do not delay or alter distributions unless the court tells you otherwise. If you’re unsure how to proceed, ask the court for instructions. Neutrality not only protects the trust; it also protects you as trustee.
Keep Thorough Records of Your Actions
When a trust is being contested, documentation becomes even more important. Keep a written record of:
- Communications with beneficiaries and attorneys
- Trust-related financial decisions and transactions
- Any actions taken in response to the contest
- Legal costs and correspondence
These records show that you’re acting in good faith and following your fiduciary duties. If the court becomes involved, your notes may be reviewed as part of the case. A strong paper trail can support your defense and help prevent misunderstandings from escalating.
Get Legal Help Early
A trust contest can quickly move into formal legal territory. Working with a trust litigation attorney from the start helps ensure you meet your legal obligations and protect yourself. At OC Trial Group, APC, we assist trustees throughout California with:
- Reviewing trust terms and fiduciary duties
- Responding to contest petitions
- Coordinating with attorneys for other beneficiaries or heirs
- Representing trustees in hearings or mediation
Trust contests are often complex and emotionally charged. Having a legal team on your side allows you to focus on your role while we handle the strategy, filings, and communication.
How OC Trial Group Supports Trustees During Disputes
At OC Trial Group, APC, we understand what’s at stake when someone challenges a trust. We provide tailored legal support to trustees, helping you take action while staying compliant. Whether you’re facing a court battle or trying to resolve the matter early, we’ll help you defend the trust, reduce tension, and maintain your position. From preserving records to appearing in court, our team is prepared to guide you through every step.
Protect Yourself and the Trust
A trust contest is serious, but you don’t have to handle it on your own. Our team helps trustees protect themselves, respond appropriately, and preserve the trust’s intentions. Contact OC Trial Group, APC today to schedule a consultation and take the next step toward resolution.