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How to Contest the Terms of a Trust in California

Contesting a trust in California can not only be overwhelming, but also emotional. The opposing parties are people you have likely known your entire life, and the situation involves the inheritance of a loved one. If you believe a trust was created under questionable circumstances, or you were unfairly left out, you may have the right to challenge its terms. Understanding how to contest a trust in California will give you an idea of what can be done to protect your legal interests. This blog breaks down the process, legal grounds, timelines, and how our firm can help you move forward.

Table of Contents

What is a Trust Contest?

A trust contest is a legal action where a person challenges the validity of a trust or specific parts of it. In California, this process is governed by the California Probate Code. Contesting a trust means asking the Probate Court to set aside the trust as a whole or invalidate certain aspects of it. The Probate Court can do this when the creator of the trust lacks capacity, is subject to undue influence, or is a victim of fraud. A trust contest differs from a will contest, although similar rules apply.

When and Why Trust Contests Can Happen

A person may need to contest a trust in California for many reasons, some of which include:

  • A parent or loved one was pressured or manipulated when creating the trust.
  • A caregiver or relative acting as a caregiver influenced the settlor (the trust creator).
  • The trust was changed at a time when the settlor clearly lacked the mental capacity to do so.
  • Being disinherited (cut out) from the trust under suspicious or concerning circumstances.
  • Or if a trust document appears forged or fraudulent

These scenarios commonly arise after a death, when trust documents are disclosed to its beneficiaries, and they discover unexpected terms or exclusions.

Your Rights & Legal Options

If you have standing, meaning you’re a beneficiary who would inherit under the trust’s terms, you have legal rights to challenge the trust. Here’s what you can do:

  • File a Petition in Probate Court challenging the trust.
  • Act quickly: You typically have 120 days after receiving a statutory notice to contest the trust.
  • Collect evidence: Medical records, communication logs like text messages and emails, and also witness testimony can support your claims.
  • Work with a trust litigation attorney to navigate the process and court procedures.

Common Mistakes and Misconceptions

  • Waiting too long: You typically have just 120 days to contest a trust. If you miss this, you could lose your right to contest the trust forever.
  • Misunderstanding “no-contest” clauses: These clauses may not apply if your challenge has “probable cause” under Probate Code § 21311.• Assuming verbal promises override a trust: Only the written, signed document matters.
  • Thinking you can’t contest if disinherited: Even disinherited heirs can have standing.

Example Situation

An individual discovers she was disinherited after her father’s death. The new trust heavily favored a distant cousin who had become a caregiver late in his life. Medical records show signs of dementia at the time of the trust’s amendment (where the individual was disinherited). We would file a petition citing undue influence and lack of capacity of the settlor. The process of proving said undue influence can be lengthy, but the Attorneys at Webb Law Group have fought these battles before and will ensure your rights are protected under the Probate Code.

How We Can Help

At Webb Law Group, APC, we’ve handled trust cases through verdict across California – from San Diego to the Central Valley. Our litigation team is experienced, compassionate, and aggressive when necessary. We offer proven results in trust litigation, free consultations, prompt responses and personal attention, and multilingual support (Spanish, Hindi, Urdu, Vietnamese).

Overview

Challenging a trust can feel like stepping into a new world, full of legal jargon and unfamiliar territory. With the right legal guidance, you can pursue justice and protect your rights. Whether you’re dealing with undue influence, fraud, or disinheritance, know that legal answers exist, and help is available at Webb Law Group, APC.

Give Us A Call Today!

If you suspect something’s wrong with a trust that affects you, don’t wait. Contesting a trust in California has strict time limits and requires a strong legal strategy. Contact the attorneys at Webb Law Group, APC, for a confidential and no-obligation consultation. We are ready to help protect what is rightfully yours!

About Lenden F. Webb

Lenden F. Webb is an experienced litigator and trial attorney representing companies and their principals in 87 jury trials, bench trials and arbitrations in 14 California counties spanning over 304 days. Mr. Webb handles civil litigation matters, including real property disputes, breach of contract and business disputes, along with various employment and general contract concerns.

Mr. Webb received his law degree from California Western School of Law where he was a twice-published member of Law Review at Cal Western as well as Columbia Law School. Before establishing his law office in 2008, Mr. Webb was a partner at one of the older law firms in California. Mr. Webb serves as a paneled mediator for two California County Superior Courts and as Judge Pro Tem for the Superior Court of California.

Lenden Webb holds a MBA from the University of Redlands. He finished the Honors curriculum while earning his Bachelor’s degree from Walla Walla University. Mr. Webb has been named as a California Super Lawyer® and Rising Star® eight times since 2012. With a notable track record in class actions, Mr. Webb has been court-approved as class counsel in over 30 cases. He has achieved several notable trial victories as class counsel including a verdict awarded “trial of the month” by the San Diego County Bar Association. Mr. Webb has led his clients to victory in both state and federal trial and appellate courts across the nation, including the Second, Fourth and Fifth District Courts of Appeal in California, U.S. Court of Appeals for the Federal Circuit, the United States Ninth and Tenth District Court of Appeals and writs of certiorari in multiple cases lodged with the U.S. Supreme Court.