Can a living trust be contested
3 Answers from Attorneys
The short answer is Yes. I just am not sure what context you mean by contesting a Trust. Usually a trust is contested by beneficiaries or omitted/disinherited beneficiaries after the Settlor of the Trust has died and the Trust is getting ready for Final distribution. There are even some situations that allow for a contest sooner. You should talk to an attorney so he can get more specific facts about exactly what your concerns are and then explain how best to address those specific concerns.
It CAN be contested on a variety of bases such as lack of capacity at the time it was signed, undue influence, etc.
Often, however, people are not really contesting the validity of the Trust but instead are contesting how assets are being distributed.
You really should have a discussion with an attorney to discuss the issues, obtain a copy of all Trust documents and discuss your options. However, there are time deadlines that are important that if not complied with could eliminate your opportunity to contest. Therefore, you should act quickly.