Contesting a Trust or Will: When Questions Turn Into Legal Action

Most estate plans are created with the intention of bringing clarity and peace to a family.

But sometimes, after a loved one passes away, questions begin to surface.

• “This doesn’t seem like what Mom would have wanted.”
  
• “Why was the trust changed right before he died?”
  
• “How did that person end up in control?”
  
• “Was there pressure involved?”
  

When those questions move from confusion to concern, and from concern to suspicion, families may begin considering whether legal action is necessary.

Contesting a trust or will is never the first choice. It is usually the last resort — taken when something feels fundamentally wrong.

Let’s walk through what that really means.

What Does It Mean to Contest a Trust or Will?

To “contest” a will or trust means to legally challenge its validity in court.

This typically occurs in probate court (for wills) or through a trust litigation proceeding (for trusts). A successful contest can result in:

• Invalidating a document entirely
  
• Reverting to a prior version of a trust or will
  
• Removing a trustee
  
• Forcing an accounting
  
• Correcting improper distributions
  

It is not simply about disagreement. It requires legal grounds.

Common Legal Grounds for Contesting

While every situation is different, courts generally require specific legal reasons to invalidate a document. The most common include:

1. Lack of Capacity

At the time the document was signed, did the person truly understand:

• The nature of their assets?
  
• Who their heirs were?
  
• The consequences of their decisions?
  

Medical conditions such as dementia, cognitive decline, or medication-related impairment can become central issues in these cases.

2. Undue Influence

Undue influence occurs when someone exerts pressure that overcomes a person’s free will.

Warning signs can include:

• Isolation from family
  
• Sudden changes to long-standing estate plans
  
• A new individual controlling access or finances
  
• Significant last-minute revisions
  

These cases are highly fact-driven and often emotionally charged.

3. Fraud or Forgery

If a signature was falsified, or if the person was misled into signing something under false pretenses, the document may be challenged.

4. Improper Execution

Wills in California, for example, must meet strict statutory requirements for witnessing and signing. If the formalities were not followed, the will may be invalid.

Trusts generally have more flexibility, but execution issues can still arise.

5. Trustee Misconduct

Sometimes the issue is not the validity of the trust itself — but how it is being administered.

Beneficiaries have the right to:

• Reasonable information
  
• Accountings
  
• Impartial treatment
  
• Proper asset management
  

When a trustee refuses to communicate, withholds funds improperly, or benefits themselves unfairly, litigation may be necessary to protect the beneficiaries.

When Questions Become Legal Action

It is normal to have questions after a loved one’s passing. Litigation should not be the first reaction.

However, legal action may be appropriate when:

• There is credible evidence of wrongdoing
  
• Deadlines are approaching (trust and probate contests have strict time limits)
  
• Significant assets are at stake
  
• Informal requests for information have been ignored
  

Timing matters. In California, for example, there are short statutes of limitation once a beneficiary receives certain notices. Waiting too long can eliminate the right to challenge entirely.

The Emotional Reality of Trust and Will Contests

These cases are rarely just about money.

They often involve:

• Long-standing sibling conflict
  
• Blended families
  
• Caregiver dynamics
  
• Perceived favoritism
  
• Grief layered with betrayal
  

Litigation can strain relationships permanently. It requires thoughtful strategy and a clear understanding of both the legal merits and the emotional costs.

That said, there are times when standing up is necessary.

Protecting a vulnerable parent from exploitation.
Ensuring a rightful inheritance is honored.
Holding a trustee accountable.

When done thoughtfully, litigation can restore fairness and clarity.

The Process: What to Expect

While every case differs, trust and will contests often involve:

1. Filing a petition with the court
   
2. Serving all interested parties
   
3. Discovery (documents, depositions, medical records)
   
4. Mediation or settlement discussions
   
5. Trial, if resolution cannot be reached
   

Many cases resolve before trial, but preparation is critical.

Before You File: Questions to Consider

If you are contemplating contesting a trust or will, ask yourself:

• Do I have actual evidence, or just suspicion?
  
• What is the financial impact of the issue?
  
• What are the litigation costs likely to be?
  
• Am I prepared for the emotional toll?
  
• Are there alternative solutions (mediation, accounting demand, trustee removal without full contest)?
  

A strategic consultation can help you evaluate the strength of your case before initiating formal proceedings.

Our Approach

At Snyder Law, we understand that these situations arise during one of the most vulnerable times in a family’s life.

We approach trust and estate disputes with:

• Careful legal analysis
  
• Direct and honest advice
  
• Strategic advocacy
  
• A willingness to be collaborative when possible
  
• And fierce representation when necessary
  

Our goal is not to escalate conflict — it is to resolve it in a way that protects what matters most.

Final Thoughts

Most estate plans are built to prevent conflict. But when something feels off, ignoring it rarely brings peace.

If you have concerns about a trust or will, the first step is not filing a lawsuit. It is understanding your rights, your options, and your timeline.

Questions are normal.

Taking action should be thoughtful.

And when necessary, it should be strong.