Trust Litigation

Trusts can be challenged for various reasons. The most common reasons include:

  1. The decedent lacked capacity when he or she executed the trust
  2. The decedent was subject to "undue influence" when he or she executed the trust

Additionally, beneficiaries often challenge the actions of the trustee in charge of administering the trust. This is called a breach of fiduciary duty action and can arise from a trustee's failure to comply with the provisions of the trust document or the Michigan trust code.

Typically a trust contest is initiated by someone who has been disinherited or a beneficiary who believes he or she should have received something more or different under the trust. The challenge is initiated by a petition filed in the probate court of the county where the trust is registered or is being administered.

Frequently trusts contain a provision that disinherits anyone who challenges the will. This is called an "in terrorem clause". The enforceability of such a provision may depend on the reason for the challenge and its reasonableness. Trust litigation can be time-consuming or expensive so it is advisable to consult with a professional and discuss the merits of any challenge before proceeding.

Whether you are a beneficiary or disinherited individual challenging a trust, or a trustee defending the enforceability of a trust and your actions, please contact us for a free consultation concerning the merits of any such challenge (888-526-4489).