Determining Grounds for Contesting Trust Validity

In assessing whether to file petition to invalidate a trust, trust amendment, or any of its provisions, one must determine whether facts exist to support the contest on one or more of following grounds:

○ Settlor lacked capacity to create trust or make trust amendment.

○ Disposition in trust or trust amendment was product of undue influence.         

○ Disposition in trust or trust amendment was product of fraud, menace, or duress.

○ Disposition in trust or trust amendment was product of forgery.

Purported trust instrument is not in effect due to:

○ Failure to satisfy proper formalities for execution.

○ Revocation of trust by settlor.

○ Revocation of trust disposition by subsequent amendment.

○ Disposition in trust or trust instrument was result of settlor's mistake.