How to Challenge a Trust: Common Grounds for Trust Litigation

Can You Challenge a Trust In Florida?

Trusts are essential to an estate plan as they can help a grantor’s beneficiaries avoid probate. They also protect assets from creditor claims and various tax implications. However, it doesn’t mean that trusts are always smooth sailing, as various legal issues often arise, requiring the assistance of skilled trust litigation lawyers in Florida.

For example, an interested party could contest a trust through a legal process called trust litigation. Florida Statute 736.0406 stipulates the legal grounds for a court to invalidate a trust. If your loved one passed away, leaving a trust that you wish to challenge for one reason or another, consult trust litigation lawyers in Orlando.

What Are the Basics of Contesting a Trust in Florida

You can contest a trust if you believe the documents don’t reflect the true intentions of the person who created them. From a legal perspective, you must have legal grounds to contest the trust. Orlando trust litigation attorneys add that you must have standing, which refers to a direct interest in the trust, such as a beneficiary or trustee.

Florida recognizes the following parties as having standing in trust litigation:

• Beneficiaries, including contingent ones
• Trustees
• Settlors, grantors, or trustees while the trust is still revocable
• Creditors
• Any interested party

Common grounds upon which you can challenge a trust in court include the following:

Lack of Capacity

You can contest a trust if you believe the grantor lacked the capacity to understand why they were creating it and the implications. Under Florida law, a settlor must have the capacity to create a trust or will, meaning:

• They must be over the age of 18
• They must have a sound mind

The standard of sound mind implies that an individual creating a trust must understand the nature and extent of the assets they wish to dispose of, their relation to the heirs or beneficiaries listed in the document, and the trust’s practical impact.

Undue Influence

You could also argue that someone exerted excessive pressure on the settlor to reflect their wishes or favor them during the estate’s distribution. The court can invalidate the trust or the relevant portion if you demonstrate that the grantor was under undue influence.

An influencer could be a substantial beneficiary of the trust or a party with a confidential relationship with the settlor. Some criteria for determining whether undue influence was exerted in creating a trust include:

• The influencer’s presence at the time the trust was executed
• The influencer’s presence at the time the settlor expressed an interest in creating the trust
• A recommendation by the influencer for the settlor to create the trust
• The influencer instructed the settlor or attorney on how to prepare the trust
• Knowledge of the trust’s contents by the influence before its execution
• The influencer securing witnesses to the trust’s execution

Depending on the extent of the undue influence, the trust can be declared invalid entirely or partially. Proving undue influence can be complex, but skilled trust litigation attorneys in Orlando can help you collect the necessary evidence and navigate the nuances.

Trustee Mismanagement

You can also contest the trust if a trustee fails to perform their fiduciary duties or breaches them. The law requires trustees to act in the interest of trust beneficiaries, and they should not act in ways that serve their own interests. Some ways in which trustees breach their fiduciary duties include:

• Self-dealing, such as taking personal loans from the trust
• Not protecting the trust from third-party claims
• Improperly inventorying or accounting the trust assets
• Improperly managing or administering the trust assets
• Overpaying the trustee’s fees
• Forgery or alteration of the trust’s documents.

Revocation

If the grantor revoked a trust before their demise, it may no longer be executable. Some evidence of revocation includes written and signed statements by the grantor or signed statements from witnesses of the revocation. You can challenge the execution of such a trust if the trustee attempts to do so knowingly or otherwise.

What is the Procedure for Challenging a Trust?

Florida trust litigation lawyers provide the following steps for contesting a trust:

• Filing a complaint in the circuit court where you or the party you’re suing lives. You can also file in the county, which is the trust’s principal place of administration. Your petition should set out your standing, grounds for contesting, and the relief you hope to get.
• Gathering evidence to support the grounds for contesting the trust. Your lawyers can help you collect document requests, interrogatories, depositions, or requests for admissions.
• Mediation and settlement with the help of a neutral third party that helps you and the other involved parties reach an amicable agreement. The court will approve and document the settlement reached.
• If mediation fails, you may proceed to trial, where the court will listen to arguments from both sides and determine the outcome.
• If you are dissatisfied with the court’s decision, you may file a post-trial motions and, potentially, an appeal. The appellate court will evaluate the lower court’s decisions for legal errors.

Navigating Trust Litigation with the Help of Experienced Probate and Trust Litigation Lawyers

When contesting a trust in Orlando, it’s advisable to seek the legal assistance of experienced trust litigation attorneys. They can evaluate your case specifics and advise you on legal options. With legal counsel and representation, you have a higher chance of a favorable outcome.

Bloodworth Law is a 2020-2025 U.S. News & World Report Best Law Firm in Trusts & Estates Litigation. Our legal team is dedicated to helping clients create effective estate plans and resolve any litigation issues that may arise. We can guide you through the steps to ensure your rights are protected. Call us at 407-449-8958 to schedule a FREE consultation.