Contesting a Trust in California: Know Your Rights
If you’ve recently lost a loved one and believe their trust or will does not reflect their true intentions, you may have legal grounds to challenge it. Perhaps they were suffering from cognitive decline, were unduly influenced by someone close to them, or didn’t fully understand what they were signing. These situations may lead to what is known as a trust contest—a legal proceeding to challenge the validity of a trust.
Trust contests can be emotionally charged and legally complex. Vincent M. Casiano the founder of the Casiano Law Firm, has helped clients throughout San Diego as well as the entire state of California to protect their rights, uncover the truth, and pursue the inheritance they may be entitled to.
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What Is a Trust Contest?
A Trust Contest (also called trust litigation) is a lawsuit filed in probate court to challenge the terms of a trust. This often involves claims that the trust:
- Was created or amended under undue influence or fraud
- Was executed while the trustor lacked mental capacity
- Was the product of elder abuse, mistake, or forgery
These cases typically arise when someone is unexpectedly disinherited or receives significantly less than expected.
Why You Need a Trust Litigation Attorney
Challenging a trust is not easy. California law favors upholding the wishes of the person who created the trust, so the burden of proof is on the person contesting it unless you can establish that another person who had a special relationship with the person that died took an active role in drafting the document and benefited from it.
An experienced San Diego trust litigation attorney like Vincent M. Casiano can:
- Evaluate whether you have a strong case
- File the necessary pleadings to assert your claim and navigate strict deadlines and complex court rules
- Locate evidence and witnesses to support your claim
- Represent your interests in settlement negotiations or trial
Most importantly, the Casiano Law Firm will help protect you during what is often an emotionally difficult and high-conflict situation.
How to Contest a Trust in California
Here are the key steps in contesting a trust:
- Consult an attorney immediately – A skilled trust litigation lawyer will assess your case and explain your options.
- File a petition – Your attorney will file a formal challenge in probate court, typically in the county where the trust is being administered.
- Meet the deadline – Most cases must be filed within 120 days of receiving a Notice of Irrevocability from the trustee (under Probate Code §16061.7). Missing this deadline can permanently bar your claim.
- Gather evidence – Your attorney will investigate medical records, communications, and witnesses to support your claims.
- Attempt settlement or proceed to trial – Many cases resolve through mediation, but your attorney must be prepared to go to trial if necessary.
Legal Grounds to Contest a Trust
Not every dispute qualifies as a valid trust contest. Courts generally uphold estate planning documents unless you can show one of the following:
- Lack of Capacity
If the trustor didn’t understand what they were signing—due to dementia, mental illness, or cognitive impairment—the trust may be invalid.
- Undue Influence
A person in a position of power (such as a caregiver, child, or spouse) may have manipulated the trustor to alter their estate plan. These cases often involve isolating the elder or pressuring them to make changes they wouldn’t otherwise make.
- Fraud
There are two types:
- Fraud in the inducement – The trustor was misled into making a gift based on lies.
- Fraud in the execution – The trustor thought they were signing one document, but it was actually something else.
- Elder Financial Abuse
When someone takes advantage of a vulnerable adult for personal gain, including by manipulating their trust, the court may invalidate the offending provisions and impose penalties.
- Forgery
If the trustor’s signature is fake, a handwriting expert can help prove the document is forged.
- Mistake
In rare cases, a trust may be invalidated if the trustor signed the wrong document by accident or didn’t understand what they were signing.
- Revocation
A trust that was validly revoked, replaced, or amended may no longer be enforceable—even if someone attempts to act under its old terms.
Work with a Trusted San Diego Trust Litigation Attorney
At the Casiano Law Firm, we understand how painful and personal trust disputes can be. Our founder, Vincent M. Casiano, has been representing clients in San Diego trust and estate disputes for close to 25 years.
Whether you’re contesting a trust, defending one, or unsure of your rights, we offer clear guidance and fierce advocacy.
Click here to schedule your No-Charge Zoom or Phone Consultation and take the first step toward protecting your family’s legacy.