Think a Trust cannot be challenged? Think again.
A trust may feel like the bulletproof way to distribute someone’s assets — but when emotions run high, even the most carefully crafted trust can become the center of a costly legal battle.
At The Probate Law Center, we routinely help families navigate trust contests across Missouri and Kansas. Here’s a look at the many ways a trust can come under fire — and what you should know if you’re involved in one.
Common Grounds for Contesting a Trust
While trusts are designed to avoid court intervention, they’re not immune to challenge. Trust contests usually fall into one of the following categories:
1. Lack of Capacity
If the person who created the trust (the “settlor”) did not have sufficient mental capacity at the time they signed the trust, the document may not be legally valid. Warning signs of diminished capacity include:
Recent diagnosis of dementia or Alzheimer’s
Confusion about finances or relationships
Sudden or unusual estate planning changes
In Missouri and Kansas, mental capacity standards are similar to those used in will contests — but judges will often consider medical records, testimony from friends and family, and even video evidence to decide.
2. Undue Influence
Sometimes, a vulnerable individual is pressured into creating or changing a trust in someone else’s favor. This often involves:
Isolation from family or friends
Dependence on a caregiver
Sudden or unexpected changes in beneficiaries
If someone close to the settlor manipulated the trust to benefit themselves — especially if they stood in a position of power or control — a court may invalidate all or part of the trust.
3. Fraud or Forgery
A trust can be contested if:
The signature was forged
The settlor was tricked into signing a document they didn’t understand
Pages of the trust were altered or swapped
These cases often require handwriting experts, notary logs, and deposition testimony to sort out what really happened.
4. Ambiguities in Trust Language
Even honest intentions can result in unclear documents. Vague or conflicting terms can lead to:
Disputes over who gets what
Challenges over whether an asset is “included” in the trust
Multiple interpretations of a clause
When trust language is ambiguous, litigation often turns into a battle of interpretation — with attorneys, judges, and sometimes even juries weighing in.
5. Improper Execution
If a trust was not executed properly under state law (e.g., missing signatures, wrong notary procedures, or witnesses not present), it could be declared invalid. This is more common in do-it-yourself estate plans or outdated templates.
6. Feuding Co-Trustees
Not all trust contests are about beneficiaries — sometimes it’s the Trustees who don’t see eye to eye. Common trustee disputes include:
Disagreements over how to invest or distribute assets
Allegations of mismanagement
Accusations that one Trustee is acting in their own interest
Courts can remove or replace Trustees, and in some cases, split up administration duties if the feud becomes unworkable.
7. Violation of Fiduciary Duties
Trustees are legally required to act in the best interest of the beneficiaries. If a Trustee:
Self-deals
Fails to disclose important information
Delays distributions unnecessarily
Co-mingles funds
They could be sued personally and removed as Trustee. Trust contests often arise when beneficiaries suspect — or can prove — breaches of fiduciary duty.
How Trust Contests Are Resolved
Contesting a trust doesn’t automatically mean a drawn-out trial. Many disputes are resolved through:
Mediation
Settlement agreements
Court-supervised modifications
However, if beneficiaries are entrenched and unwilling to compromise, a full trial may be necessary — and costly.
Who Can Contest a Trust?
In most cases, only someone with standing — meaning a person who would benefit or be harmed by the trust — can contest it. This usually includes:
Disinherited children
Disgruntled beneficiaries
Prior named beneficiaries
Heirs at law in intestacy situations
📅 Deadlines Matter
Each state has specific timelines to challenge a trust. In Missouri and Kansas, deadlines can vary based on when you were notified of the trust’s existence. Waiting too long could mean you lose your right to contest, even if you have a strong case.
Trusts can be powerful tools — but they’re not foolproof. If you believe a trust was created or managed unfairly, you have legal options. If you’re a Trustee facing allegations, protecting your fiduciary integrity is critical.
Whether you’re defending a trust or looking to challenge one, the legal path forward is complex — and we can help you through it.
📞 Need help with a trust contest?
Contact The Probate Law Center at www.ksmoprobate.com to schedule a consultation.
Legal Disclaimer: This blog post is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship. For legal advice tailored to your situation, please consult a qualified attorney.On Juneteenth, we honor the resilience of generations who fought not only for freedom, but also for the right to own, pass down, and protect what they worked so hard to build.