Can You Contest a Trust in California?

Yes — but you need grounds, evidence, and you must act within 120 days.

Contesting a trust means asking a court to declare all or part of a trust invalid. It’s not a step to take lightly — but when a trust doesn’t reflect the grantor’s true wishes, California law provides clear mechanisms to challenge it.

Grounds for Contesting a Trust

Undue Influence

The most common ground for trust contests. Undue influence occurs when someone uses their relationship with the grantor — as a caregiver, family member, or advisor — to pressure them into changing the trust. Under Probate Code §86, undue influence means “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.”

Signs include: sudden changes to the trust benefiting one person, isolation of the grantor from other family members, a person who controlled access to the grantor, and changes made when the grantor was physically or mentally vulnerable.

Lack of Capacity

To create or amend a trust, the grantor must have understood: the nature and extent of their property, who their natural heirs are, and what the trust document does. If the grantor had dementia, Alzheimer’s, or other cognitive impairment at the time of signing, the trust may be invalid.

Fraud

If someone lied to the grantor about what the document said, tricked them into signing, or forged signatures, the trust was obtained through fraud and can be challenged.

Improper Execution

California trusts must be signed by the grantor (or by someone in the grantor’s presence and at their direction). While trusts don’t require witnesses the way wills do, procedural defects can still provide grounds for a contest.

The 120-Day Deadline

This is the most critical detail in any trust contest. After the grantor dies, the trustee must send notice to all beneficiaries and heirs under Probate Code §16061.7. From the date you receive that notice, you have exactly 120 days to file a trust contest.

Miss this deadline and you lose your right to contest — regardless of how strong your evidence is. If you suspect something is wrong with a trust, consult an attorney immediately.

What Evidence Matters?

• Medical records documenting cognitive decline or diagnosis at the time of signing
• Prior versions of the trust showing sudden, dramatic changes
• Witness testimony about the grantor’s mental state or behavior
• Evidence of isolation — who controlled access, who was kept away
• Financial records showing unusual transfers or transactions
• Expert testimony from geriatric psychiatrists or neurologists
• The circumstances of the signing — who was present, who arranged it, which attorney drafted it

What Happens If a Contest Succeeds?

If the court finds the trust (or a specific amendment) invalid:

• The most recent valid version of the trust is reinstated
• If no prior version exists, the estate may pass through probate under intestate succession
• The court may order the contesting party’s attorney fees paid from the trust
• Any distributions made under the invalid trust may need to be returned

Trust contests are complex, emotional, and high-stakes. I handle these cases personally — building a strategy around your specific evidence, your family dynamics, and your goals. Schedule a consultation or call (424) 355-5565.