Trust Litigation

When assets are held in a trust rather than in an individual’s name, those assets can pass upon the death of that individual without the need for probate. Just as the terms of a will control the manner in which assets pass at the time of death, the terms of a trust control the manner in which assets held in the trust pass at the time of death.

Hence, the terms of a trust (or an amendment to the trust) should only be given effect if the trust is valid. A trust can be contested on the same grounds that a will can be contested (see above). Those grounds include, but are not limited to, undue influence, lack of capacity on the part of the person who created the trust, fraud, menace, duress, mistake, insane delusion and lack of proper execution.

Noël Margaret Lawrence is an expert in cases related to estate and trust litigation and helps to resolve the issue.