Can You Challenge a Legal Trust?

Generally, challenging a legal trust is a complex process; but it can be necessary in certain situations. Trusts are designed to manage assets according to a person’s wishes. However, disputes may arise if beneficiaries or other parties believe the trust was not created or managed properly.

First and foremost, one common reason for challenging a trust is undue influence. This occurs when someone exerts pressure on the person creating the trust; causing them to make decisions that don’t reflect their true intentions. Regularly, proving undue influence requires evidence that the creator was manipulated into making decisions against their best interests.

Secondly, lack of capacity is another ground for challenging. This means that the trust may be invalidated if there is proof that the person who created the trust was not in their senses; or they did not understand the terms properly. For this, medical records or witness testimonies are often necessary to prove lack of capacity.

Additionally, fraud or improper execution of the trust documents can also provide a basis for a challenge. If the trust was not signed or witnessed correctly, or if the terms of the trust were altered without consent, the trust may be contested.

All in all, successfully challenging a legal trust requires a solid understanding of the law and strong evidence. Thus, consulting with an experienced attorney is critical for navigating these issues and ensuring your rights are protected during the legal process.

The Importance of a Lawyer in Trust Disputes

When you believe a trust is not legal or is the result of fraud, having an experienced lawyer is essential. Trust disputes can be highly complicated; as they involve intricate legal rules and substantial evidence to prove your case. Without proper legal guidance, you may face significant challenges in contesting the trust.

Stephen J Buhler Attorney at Law is a Salt Lake City, Utah law firm, whose lawyers focalize in probate law; particularly in trusts, estate planning and will creation. Their attorneys will analyze the validity of the trust; assessing whether the trust documents comply with state laws and if the necessary formalities were followed during its creation. They can also investigate if the trust was altered or influenced improperly, such as through fraud or coercion, and gather the evidence needed to support your claims.

Often, proving fraud suspicions is difficult. Therefore, your lawyer will know how to build a strong case by reviewing financial records, interviewing witnesses; and working with experts to trace fraudulent actions. Additionally, they will represent you in court, ensuring your arguments are effectively presented to a judge.

Furthermore, your attorney can also help with negotiations. In some instances, disputes over trusts can be settled without going to trial, saving time and money. An attorney will work to secure a fair resolution that protects your rights.

Ultimately, hiring a lawyer ensures you have the knowledge and resources needed to challenge a trust legally and effectively. This can make a significant difference in the outcome of your case.

Contact information: 

Stephen J. Buhler. Attorney at Law

The Harmon Building

3540 South 4000 West, Suite 245

West Valley City, UT 84120

Phone: 801-964-6901

Email: [email protected]