Trust & Will Disputes
Wills and trusts do not always clearly convey their creators’ true final intentions, nor do they necessarily reflect what their creators’ true final intentions were. If you have concerns about a decedent’s will or trust, it may be possible to dispute the document. A lawyer can help you determine whether a valid cause exists to bring a dispute.
- Does the decedent’s will or trust contain ambiguous language?
- Did someone apply excessive pressure on the decedent to compel them to change their will or trust?
- Did the decedent execute their will or trust at a time when they were mentally incompetent?
- Are you concerned your community property are being violated by your deceased spouse’s will or trust?
- Did the decedent fail to properly revoke their will or trust or revoke their will or trust at the urging of someone close to them?
In the following guide, we discuss the types of disputes that can arise as a result of a problematic will or trust instrument. If you believe you have a will or trust dispute on your hands, contact the team at Keystone to request a free consultation today.
Definition
What is a Will Dispute?
A will, also known as a last will and testament, is an estate planning document that explains how the creator of the will, called the testator, would like their property to be distributed after they die. The person nominated to manage the estate following the testator’s death is called the executor of the estate. The persons who stand to inherit in a will are called estate beneficiaries. After a testator dies, the will generally passes through a process known as probate in which the court authenticates the will, appoints an executor or administrator to administer the estate, and supervises estate administration.
What is a Trust Dispute?
A trust is another type of estate planning document in which the creator of the trust, called the settlor, gives a party, called the trustee, the right to hold title to assets and property for the benefit of third parties, called trust beneficiaries. A trust can be revocable, which means that the settlor has the right to revoke it while they are alive and competent, or irrevocable, which means that once the trust is signed, the settlor cannot revoke it. Once a settlor dies, their trust will usually automatically become irrevocable, and the person they nominated to the role of successor trustee will take over management of the trust. Unlike wills, trusts are not required to pass through probate.
A trust dispute can occur if the instrument is faulty or contains ambiguous provisions, or if an interested party believes the instrument to be invalid. Disputes over a trust can take place while the settlor is alive but incompetent, or following the death of the settlor.
The validity of a will or trust can be disputed by interested parties so long as they have a valid reason for doing so; disliking the terms of the document or believing that they are deserving of a larger inheritance does not count. If the validity of a will or trust is disputed, the court will consider relevant evidence and testimony to ultimately make a determination about whether to uphold the disputed will or trust, or invalidate it. If the court invalidates a will or trust, or one or more of its amendments, the relevant assets will pass in accordance with the decedent’s previous estate planning documents so long as they were valid. If none existed, the relevant assets will pass to the decedent’s intestate heirs in accordance with the laws of intestate succession.
A will dispute can occur following a decedent’s death if there is uncertainty about the true meaning of a will’s terms or if an interested party has reason to believe the will is invalid.
A trust dispute can occur if the instrument is faulty or contains ambiguous provisions, or if an interested party believes the instrument to be invalid. Disputes over a trust can take place while the settlor is alive but incompetent, or following the death of the settlor.
The validity of a will or trust can be disputed by interested parties so long as they have a valid reason for doing so; disliking the terms of the document or believing that they are deserving of a larger inheritance does not count. If the validity of a will or trust is disputed, the court will consider relevant evidence and testimony to ultimately make a determination about whether to uphold the disputed will or trust, or invalidate it. If the court invalidates a will or trust, or one or more of its amendments, the relevant assets will pass in accordance with the decedent’s previous estate planning documents so long as they were valid. If none existed, the relevant assets will pass to the decedent’s intestate heirs in accordance with the laws of intestate succession.
A will dispute can occur following a decedent’s death if there is uncertainty about the true meaning of a will’s terms or if an interested party has reason to believe the will is invalid.
Who Our Trust & Will Dispute Lawyers Represent
Beneficiary/Heir
Trustee
Executor/Administrator
Spouse
Case Studies of Our Trust & Will Dispute Services
Decedent's Assets Recovered for Rightful Heir
When a trust or will dispute is brought to a judge, one or more parties are claiming that the entire document or parts of the document are either too ambiguous to understand or are invalid in some other way.
Contesting a Will or Trust: A will or trust contest can be brought if it is believed that the document in question—whether it be portions of the document or the entire document—is invalid. To contest a will or trust, it is necessary you have standing. In other words, if you were to win your contest, you should stand to receive a larger inheritance than what you are receiving under the decedent’s current will or trust. Persons with standing generally include beneficiaries, heirs and beneficiaries under any prior versions of the document.
Examples of grounds for bringing a will or trust contest:
- Someone close to the decedent unduly influenced the decedent into changing their will or trust to drastically favor them.
- The decedent executed their will or trust at a time when they lacked mental competence.
- The proper procedures were not followed by the decedent to execute their will or trust.
- The will or trust document is a forgery.
- The decedent changed their will or trust while under duress.
- Falsified statements or documents were presented to the decedent that caused them to significantly modify their will or trust to favor the perpetrator of the fraud.
Ambiguity in Trust Resolved
Keystone’s client was the trustee of his sister and brother-in-law’s trust. The document contained ambiguous language relating to its primary asset—the decedents’ home. Namely, it did not specify how the proceeds from the sale of the home should be divided among the deceased couple’s separate sets of children from previous marriages. Even though the trustee client believed he could interpret the ambiguous terms based on his past conversations with the couple, Keystone advised him to file what is known as a Petition for Instructions with the court to protect himself against liability in case his actions could be interpreted as being partial. Ultimately, Keystone not only helped the client obtain the clarification he needed to fairly distribute the asset to beneficiaries based on the provisions of the trust and extrinsic evidence, but we also helped him avoid a breach of duty claim being brought against him. Read full case study.
Trust Invalidated on Account of Elder Financial Abuse
Keystone’s clients came to the firm for help invalidating a trust after learning that the decedent from whom they stood to inherit had left the entirety of his trust estate to a new partner he had just met off a dating site who was 50 years his junior and an ostensible predator. At the urging of this partner, the decedent amended his trust, Soon after, he died under suspicious circumstances. Ultimately, by arguing that the actions of the decedent’s new partner constituted elder financial abuse, Keystone was able to reach a favorable settlement for its clients that called for the new version of the trust to be invalidated. Read full case study.
Trust Invalidated and Control of Assets Returned to Their Rightful Owner
Keystone represented a client in her 70s whose son overly medicated her to take her to an estate planning attorney to create an irrevocable trust of which he would be named the trustee. As trustee, the son proceeded to misappropriate trust assets to the detriment of the client, who relied on those assets to cover her expenses. At the initial hearing, Keystone’s probate attorneys persuaded the court to immediately suspend the son as trustee and replace him with a private professional fiduciary. Later, Keystone was successful in having the trust invalidated, which enabled its client to once again control her own assets. Read full case study.
Disinheritance Reversed After Decedent Executed New Trust While Lacking Capacity
Keystone’s clients were the grandchildren of the decedent. Despite the clients having cared for the decedent during her old age, she had disinherited them from her trust after her estranged son brought false allegations of elder abuse against them and used those allegations to secure a temporary conservatorship over her. The son then proceeded to taken his mother to his own estate planning attorney just three days before she died—and at a time when she lacked capacity—to execute a new trust that named him as the sole beneficiary and disinherited Keystone’s clients, who were the primary beneficiaries under her old trust. The Keystone team argued that the elder abuse allegations levied against its clients has been falsified and that the decedent did not have the requisite capacity to create a new trust when she did. As a result of its compelling arguments, Keystone was able to secure for its clients a settlement in which they received the majority of the decedent’s assets. Read full case study.
Decedent's Assets Recovered for Rightful Heir
When a trust or will dispute is brought to a judge, one or more parties are claiming that the entire document or parts of the document are either too ambiguous to understand or are invalid in some other way.
Contesting a Will or Trust: A will or trust contest can be brought if it is believed that the document in question—whether it be portions of the document or the entire document—is invalid. To contest a will or trust, it is necessary you have standing. In other words, if you were to win your contest, you should stand to receive a larger inheritance than what you are receiving under the decedent’s current will or trust. Persons with standing generally include beneficiaries, heirs and beneficiaries under any prior versions of the document.
Examples of grounds for bringing a will or trust contest:
- Someone close to the decedent unduly influenced the decedent into changing their will or trust to drastically favor them.
- The decedent executed their will or trust at a time when they lacked mental competence.
- The proper procedures were not followed by the decedent to execute their will or trust.
- The will or trust document is a forgery.
- The decedent changed their will or trust while under duress.
- Falsified statements or documents were presented to the decedent that caused them to significantly modify their will or trust to favor the perpetrator of the fraud.
Ambiguity in Trust Resolved
Keystone’s client was the trustee of his sister and brother-in-law’s trust. The document contained ambiguous language relating to its primary asset—the decedents’ home. Namely, it did not specify how the proceeds from the sale of the home should be divided among the deceased couple’s separate sets of children from previous marriages. Even though the trustee client believed he could interpret the ambiguous terms based on his past conversations with the couple, Keystone advised him to file what is known as a Petition for Instructions with the court to protect himself against liability in case his actions could be interpreted as being partial. Ultimately, Keystone not only helped the client obtain the clarification he needed to fairly distribute the asset to beneficiaries based on the provisions of the trust and extrinsic evidence, but we also helped him avoid a breach of duty claim being brought against him. Read full case study.
Trust Invalidated on Account of Elder Financial Abuse
Keystone’s clients came to the firm for help invalidating a trust after learning that the decedent from whom they stood to inherit had left the entirety of his trust estate to a new partner he had just met off a dating site who was 50 years his junior and an ostensible predator. At the urging of this partner, the decedent amended his trust, Soon after, he died under suspicious circumstances. Ultimately, by arguing that the actions of the decedent’s new partner constituted elder financial abuse, Keystone was able to reach a favorable settlement for its clients that called for the new version of the trust to be invalidated. Read full case study.
Trust Invalidated and Control of Assets Returned to Their Rightful Owner
Keystone represented a client in her 70s whose son overly medicated her to take her to an estate planning attorney to create an irrevocable trust of which he would be named the trustee. As trustee, the son proceeded to misappropriate trust assets to the detriment of the client, who relied on those assets to cover her expenses. At the initial hearing, Keystone’s probate attorneys persuaded the court to immediately suspend the son as trustee and replace him with a private professional fiduciary. Later, Keystone was successful in having the trust invalidated, which enabled its client to once again control her own assets. Read full case study.
Disinheritance Reversed After Decedent Executed New Trust While Lacking Capacity
Keystone’s clients were the grandchildren of the decedent. Despite the clients having cared for the decedent during her old age, she had disinherited them from her trust after her estranged son brought false allegations of elder abuse against them and used those allegations to secure a temporary conservatorship over her. The son then proceeded to taken his mother to his own estate planning attorney just three days before she died—and at a time when she lacked capacity—to execute a new trust that named him as the sole beneficiary and disinherited Keystone’s clients, who were the primary beneficiaries under her old trust. The Keystone team argued that the elder abuse allegations levied against its clients has been falsified and that the decedent did not have the requisite capacity to create a new trust when she did. As a result of its compelling arguments, Keystone was able to secure for its clients a settlement in which they received the majority of the decedent’s assets. Read full case study.
Our Trust & Will Disputes Firm
The Keystone team specializes in all things probate. Regardless of which side of a trust or will dispute you are on, our trust and will attorneys will assist you in enforcing your rights and understanding the options available to you. We’re proud to help clients with trust and will dispute matters in California. We look forward to working with you.
Our Trust & Will Dispute Lawyers
- Opportunities to teach trusts and estates to law students
- Invitations to speak on probate law subjects for CPAs, attorneys and other professionals
- Certification as Specialists in Estate Planning, Trust and Probate Law via the State Bar of California, Board of Legal Specialization
- Recognition in professional law publications, including Daily Journal, Super Lawyers and Best Lawyers®
Locations We Serve
We specialize in California-based will and trust disputes, commonly serving:
- Los Angeles County
- Orange County
- San Diego County
Frequently Asked Questions
Trust & Will Disputes FAQs
In this section, you can find answers to many of the questions we receive from our clients regarding trust and will disputes.
It depends on the circumstances of the case. If the trust or will dispute benefits the trust or estate and its beneficiaries, there is a good chance attorney’s fees and costs can be paid using trust or estate funds. Likewise, if a trustee or executor is defending a dispute, or they are disputing a beneficiary on account of elder financial abuse, they generally will be permitted to use trust or estate funds to cover legal expenses.
Conversely, if a beneficiary or heir is bringing a dispute that benefits them personally, or they are defending a dispute that threatens their inheritance, it is likely they will have to pay for their own representation.
In reality, it is difficult to provide concrete information about cost without knowing the specifics of your case. Our attorneys can provide more information related to cost during your free consultation.
When ambiguities appear in a trust or will, our lawyers can help you file a Petition for Instructions. At the hearing, the trustee or executor may be given an opportunity to provide testimony about what they know, If the court can interpret the ambiguous terms based on the rest of the document and extrinsic evidence, it will proceed with doing so; however, if the meaning of the ambiguous language is still not clear, it may move to invalidate the problematic parts of the document.
If a trust or will is successfully disputed, resulting in the entire document, or portions of the document, being invalidated, then the assets contained in those parts of the document will either pass down in accordance with prior valid versions of the document or with the laws of intestate succession. California’s intestate succession statutes have strict guidelines relating to which of a decedent’s heirs stand to inherit if a decedent dies without a trust or will, of if a trust or will is invalidated.
The answer is generally no. To bring a trust or will dispute, it is usually required that you are either a representative of the trust or estate, or you are an interested party, such as a beneficiary, heir or beneficiary under a prior version of the document.
While you could opt to pursue a claim related to a trust or will without the assistance of a qualified lawyer, we would not recommend it. A probate attorney has the experience, knowledge and skills to understand all the angles of your case and devise a strategy to achieve your legal goals. Furthermore, a lawyer will be able to gather all the facts of your matter and present them effectively to the court.
If you are concerned about the cost of litigation, our team may be able to offer you budget-friendly options. Your best bet is to request a free consultation to learn more.
Learn More
Contact a Will & Trust Disputes Lawyer
If you’re interested in disputing a trust or will or need to defend against a dispute, contact the team at Keystone to chat with one of our attorneys about your case. Our trust and will dispute lawyers have the expertise to get you the best resolution possible. Call us today to request a free consultation.