It’s common for Florida residents to create a will or trust. While most people know that wills can be contested, it’s fair to wonder if the same can be said for trusts. It’s possible to legally contest a trust if you believe that your loved one didn’t intend for the terms it includes. Here are a few things to know about the process.
Who can contest a trust?
It’s important to know that only certain people can contest a trust. In order to do so, you must be the beneficiary of that trust as the court will only consider beneficiaries. Estate litigation may or may not come into play when you want to contest.
What are the grounds for contesting a trust?
In addition to having legal standing for contesting a trust, you must also have evidence to support a problem with the trust. There are four main grounds for contesting that may require estate litigation. They include the following:
- Lack of capacity: Lack of capacity can be raised if you believe that your loved one who signed the trust was not mentally sound at the time the document was created. The court doesn’t take into consideration the mental state of the person at the time of their death. Instead, it will focus on their mental state at the time of the signing of the trust.
- Undue influence: Undue influence means that the person was somehow coerced into signing the trust. They might have been threatened, manipulated, tricked or made to sign it through other means.
- Improperly witnessed or signed: If the trust was improperly signed or there were no witnesses during the signing, a trust can be contested and invalidated.
- Ambiguous language: If the language in the trust is confusing or incoherent, it’s also grounds for contesting the document.
These are important rules for contesting a trust. You must have sufficient evidence to prove your claim, so make sure you can show the court that the trust should be invalidated.