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Trust Contest
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Legal Support for Challenging or Defending a Trust

A trust is intended to provide clarity, fairness, and peace of mind. But when questions arise about the trust’s validity, intent, or fairness, a legal challenge may be necessary. At Burrey Law Group, Inc., we represent clients on both sides of trust contests—whether you are challenging a trust or defending it.

Trust contests are emotionally and legally complex, often involving family tensions, significant assets, and deeply personal concerns. Our role is to provide experienced, objective counsel that helps you pursue a just outcome with professionalism and care.

What Is a Trust Contest?

A trust contest is a formal legal challenge to the validity of a trust document. These cases typically arise when someone believes that the trust does not reflect the true wishes of the person who created it (the grantor), or that it was created under improper circumstances.
Common grounds for contesting a trust include:

Trust Contest Lawyer
Lack of capacity: The grantor did not understand what they were signing
Trust Contest Lawyer
Undue influence: Someone manipulated the grantor for personal gain
Will Contest
Fraud or forgery: The trust was created or altered through deception
Will Contest
Improper execution: The trust does not meet legal formalities
Concept of justice and law
Who Can Contest a Trust?

Generally, only individuals who have legal standing can contest a trust. This usually includes heirs, beneficiaries named in previous versions of the trust, or others who would benefit if the trust were deemed invalid.

If you believe a trust is unjust or legally flawed, it’s important to act quickly. There are strict deadlines (known as statutes of limitations) that may limit your ability to file a challenge.

Defending a Trust
Against a Contest

If you are a trustee or beneficiary defending a trust against a legal challenge, we provide strategic, experienced support to:

  • Uphold the validity of the trust document
  • Demonstrate the grantor’s intent and capacity
  • Disprove claims of undue influence or fraud
  • Minimize disruption to the administration of the trust

We work closely with financial professionals, medical experts, and other specialists when needed to support your position and protect the trust’s integrity.

Illustrative Example

Consider this scenario: After a parent’s passing, a new version of their trust surfaces—one that leaves the family home to a distant acquaintance instead of the children named in a prior version. The change was made shortly before the parent’s death, while they were in declining health and under daily care.

In a situation like this, a legal team may review medical history, gather witness statements, and investigate whether undue influence or lack of capacity played a role. A trust contest may then be filed to challenge the validity of the new document and seek restoration of the original intent.

Yes, many trusts are revocable during the grantor’s lifetime, meaning they can be changed at any time. However, any changes must be made voluntarily and with mental capacity.

Medical records, witness statements, prior versions of the trust, and expert testimony can all be used to support or challenge the validity of a trust.

Time limits vary, but in many cases, you have 120 days after receiving notice of the trust to file a contest. It’s best to consult with an attorney immediately.

Not always. Some cases are resolved through negotiation or mediation. However, we are fully prepared to litigate when needed to protect your interests.

You can contest specific provisions within a trust if you believe only part of it was affected by undue influence, fraud, or other issues.

Frequently Asked Questions

Some of your burning questions have been answered.

A Trusted Advocate in Difficult Times

Whether you’re considering a trust contest or facing one, the decisions you make now can shape your financial future and family legacy. Burrey Law Group, Inc. is here to provide the clear guidance, strategic representation, and compassionate support you need.

Contact us today to schedule a consultation and explore your options.

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