How to Contest a Trust in California

Trusts are supposed to represent a person’s genuine wishes about how their assets should be distributed after death. But sometimes a trust doesn’t reflect the settlor’s true intentions. Maybe the person who created the trust was mentally incapacitated. Maybe someone manipulated them into creating or changing the trust. Maybe fraud was involved. Maybe the trust document was improperly executed. When there are serious reasons to believe a trust is invalid or wrongfully created, California law provides a process for contesting it.

At Cava & Faulkner, Attorneys at Law, we help individuals and families in Elk Grove and throughout the Sacramento region understand their rights regarding trusts. If you believe a trust should be challenged, understanding the grounds for contest, the strict time limits, and the court process is essential. This is complex legal territory, and timing is critical.

Grounds for Contesting a Trust

California allows trusts to be contested on several grounds. The person challenging the trust (called the “contestant”) must prove one or more of these grounds by clear and convincing evidence—a high standard, but achievable with proper evidence.

Lack of Testamentary Capacity. When a trust is created, the settlor must have adequate mental capacity. This means the settlor must understand the nature of creating a trust, understand the extent and character of their property, know the natural objects of their bounty (family members), and understand how the trust document disposes of their property.

If a settlor was suffering from dementia, severe mental illness, extreme medication effects, or other conditions that impaired understanding, the trust might be invalid. Proving lack of capacity requires evidence—perhaps medical records, testimony from family members about the settlor’s condition, expert medical testimony, or the settlor’s own confused statements or behavior.

Importantly, lack of capacity can exist even if the settlor was capable in other areas. Someone might understand some things but not understand the implications of creating a trust. The question is specific capacity to create a trust.

Undue Influence. This is the most common ground for trust contest. Undue influence occurs when someone exerts pressure, manipulation, or coercion on the settlor to create or modify a trust in a way that benefits the influencer. The influencer essentially overrides the settlor’s independent judgment.

Examples include:

• A caregiver who isolates an elderly person and convinces them to change their trust to leave everything to the caregiver
• An adult child who threatens to abandon an aging parent unless the parent changes their trust to benefit that child
• Someone who lies to the settlor, misrepresenting what the trust document actually says, to get the settlor to sign
• A person who exploits a settlor’s trust and vulnerability to persuade them to create a trust favoring that person

To prove undue influence, you typically need to show that someone had the opportunity and motive to influence the settlor, that they had a confidential relationship with the settlor making influence possible, that they benefited from the trust, and that the circumstances are suspicious—perhaps the trust departed dramatically from what the settlor previously intended.

Fraud. Fraud involves intentional deception that caused the settlor to act. A person might fraudulently represent what the trust says, fraudulently claim to be someone they’re not, or fraudulently convince the settlor that creating the trust serves a purpose it doesn’t actually serve.

Duress. Duress involves threats or coercion. If someone threatened the settlor—”Change your trust or I’ll harm you” or “Change your trust or I’ll take your grandchildren away”—and the settlor acted under that threat, duress exists. This is different from undue influence, which is more subtle.

Lack of Proper Execution. A trust must be created according to proper legal procedures. If the trust document wasn’t properly signed, if the settlor’s signature is forged, if witnesses weren’t present as required, or if other procedural requirements weren’t met, the trust might be invalid. However, California law is somewhat forgiving about execution defects if there’s clear evidence of the settlor’s intent to create a trust.

Revocation. A settlor can revoke their trust if they intended to do so. If you can show that the settlor validly revoked the trust before death, the revocation supersedes the trust. This requires evidence of the settlor’s intent and the proper method of revocation.

The Strict 120-Day Limitation

Here’s the critical issue: if you want to contest a trust in court, you must file your petition within 120 days of being notified that you have a right to contest. This is an extremely tight deadline established by California Probate Code Section 16061.

What triggers the clock?

• If you receive a notice from the trustee (as required by law) that includes information about your right to contest, the 120 days starts from when you receive that notice
• If you don’t receive proper notice, the deadline might not start until you actually know about the trust and your right to contest
• Different rules apply if you’re a beneficiary named in the trust versus someone who would inherit if the trust were invalid

This 120-day deadline is mandatory and courts strictly enforce it. Missing this deadline, by even one day, typically means you lose your right to contest in probate court. There are very limited exceptions, so treating this deadline as absolute is critical.

Standing to Contest

Not everyone can contest a trust. You must have “standing,” meaning you have a direct financial interest in whether the trust is valid. Generally:

• Beneficiaries named in the trust have standing
• People who would inherit if the trust is invalid (because the property would pass to the estate and be distributed under the will or intestate law) have standing
• The settlor, if they challenge their own trust during their lifetime, has standing
• Heirs of a deceased settlor generally have standing

People without financial interest in the outcome—friends, non-relative acquaintances, or people who don’t inherit either way—typically lack standing to contest.

Proving Your Case: The Evidence You Need

Contesting a trust requires clear and convincing evidence. This is a higher standard than “more likely than not” but not as high as “beyond a reasonable doubt.” To succeed, you must present evidence that is substantially more persuasive than opposing evidence. Here’s what helps:

For Lack of Capacity: 

• Medical records showing cognitive decline, dementia, or mental illness during the period the trust was created
• Testimony from family members, care providers, or friends about the settlor’s confused state
• Expert medical testimony about the settlor’s condition and capacity
• Evidence of the settlor’s own confused statements or behavior
• The settlor’s prior mental health history

For Undue Influence: 

• Evidence the influencer had opportunity and motive
• Proof of a confidential relationship (caregiver, attorney, close family member)
• Evidence that the influencer benefited significantly from the trust
• Suspicious circumstances—the settlor changed their longstanding plans, the document was drafted quickly, the influencer had unusual access to the settlor
• The settlor’s own statements indicating they felt pressured
• Testimony from others who observed concerning interactions

For Fraud or Duress: 

• Evidence of the false statements made to the settlor
• Proof the settlor relied on these statements
• Evidence of threats or coercion
• Documentation of the pressure applied

For Execution Defects: 

• The alleged defect in signing or witnessing
• Evidence that proper procedures weren’t followed
• Sometimes, lack of evidence of proper execution

The Court Process

If you file a petition to contest the trust within 120 days, here’s what happens:

Filing the Petition. You file in probate court with jurisdiction over the trust (usually where the settlor lived or where trust property is located). Your petition must clearly state your grounds for contest and the facts supporting those grounds.

Notice to Trustee and Beneficiaries. The trustee and all beneficiaries must be notified. They can defend the trust’s validity. Beneficiaries who benefit from the trust have motivation to defend it, and the court will hear their positions.

Discovery and Evidence Gathering. Both sides can gather evidence—documents, depositions, expert opinions. This phase can be time-consuming and expensive.

Motion Practice. Either side might file motions requesting the court decide certain issues without trial, or to dismiss the petition if it fails to state a valid claim.

Trial or Mediation. If the case doesn’t settle, it goes to trial before a judge. You present your evidence proving the trust is invalid; the trustee and defending beneficiaries present evidence that it’s valid. The judge decides.

Judgment. If you prevail, the trust is declared invalid. The settlor’s property then passes according to their will or intestate law. If you lose, the trust stands.

The High Cost of Contest

Contesting a trust is expensive and emotionally draining. You’ll need attorneys, expert witnesses, discovery costs, and trial preparation. If you lose, you might have to pay the trustee’s and beneficiaries’ attorney’s fees (depending on the circumstances). Even if you win, you’ll have spent significant money and time.

This reality shapes strategy. Sometimes a contested trust settles—perhaps for a compromise distribution, or the trustee agrees to make certain distributions to avoid the costs of litigation. Settlement might be preferable to contested trial, but it requires skillful negotiation.

When Contest Is Worth Pursuing

Not every problematic trust situation warrants a contest. Consider pursuing a contest if:

• The trust significantly departed from the settlor’s longstanding wishes
• You have substantial evidence of incapacity, undue influence, or fraud
• You’re within the 120-day window
• The amount of money at stake justifies the litigation costs
• You can adequately prove your case

If evidence is weak, the window has passed, or the financial stakes don’t justify litigation, other approaches might be better.

Alternative Remedies

Sometimes you don’t need to contest the trust itself. Instead, you might:

• Request the trustee provide a full accounting of all trust assets
• Challenge specific distributions as improper
• File a complaint against the trustee for breach of fiduciary duty
• Request a court order requiring the trustee follow the trust document properly

These alternatives might be faster, cheaper, and more effective than contesting the trust’s validity.

Cava & Faulkner Can Help You Challenge a Trust

If you believe a trust is invalid, don’t wait. The 120-day deadline is unforgiving. Contact an attorney immediately to discuss your situation, gather evidence, and determine whether contesting is appropriate and feasible.

At Cava & Faulkner, we help families understand trust disputes and navigate these complex situations. We evaluate the strength of your case, discuss the costs and benefits of contesting, and represent you throughout the process if you decide to proceed.

Call us at 916-831-7565 to discuss your trust concerns. We can review the situation and advise whether contest is viable. Time is critical, so reach out today.