Contesting a Will vs a Trust: Key Differences You Need to Know

Estate planning tools such as wills and trusts are designed to ensure that assets are distributed according to the wishes of the individual who created them. However, disputes often arise when beneficiaries feel that a will or trust does not reflect the true intentions of the deceased. Understanding the differences between contesting a will vs a trust is critical for anyone considering legal action to challenge an estate plan.

What Does It Mean to Contest a Will?

Contesting a will means formally challenging the validity or fairness of a person’s will after their death. A will is a legal document that outlines how a person’s assets should be distributed, and it typically goes into effect upon death. Beneficiaries or heirs may contest a will for several reasons, including:

●       Lack of testamentary capacity: Claiming that the deceased did not have the mental capacity to understand the consequences of their decisions.

●       Undue influence: Alleging that someone pressured or manipulated the testator into creating or changing the will.

●       Fraud or forgery: Arguing that the will was falsified or signed under deceptive circumstances.

●       Improper execution: Pointing out that the will was not signed or witnessed according to state legal requirements.

Contesting a will usually requires filing a claim in probate court, which is a public process governed by strict timelines and procedural rules.

What Does It Mean to Contest a Trust?

Contesting a trust involves challenging a revocable or irrevocable trust that was created during a person’s lifetime. Trusts are designed to avoid probate, provide for privacy, and allow more control over asset distribution. Common reasons for contesting a trust include:

●       Lack of capacity or undue influence: Similar to will contests, disputes often arise if the trust creator lacked mental capacity or was pressured.

●       Fraud or misrepresentation: Alleging that assets were wrongfully transferred into or out of the trust.

●       Breach of fiduciary duty: Claiming that a trustee mismanaged trust assets or acted in their own interest rather than the beneficiaries’.

●       Trust interpretation disputes: Conflicts over ambiguous terms or instructions in the trust document.

Trust contests are often more complex than will contests because they involve ongoing management of assets, fiduciary duties, and privacy considerations.

Key Differences Between Contesting a Will and a Trust

1. Timing and Deadlines

○       Will contests: Generally must be filed during probate, often within a limited window after the will is admitted to probate (commonly 60 to 120 days, depending on state law)

○       Trust contests: Deadlines often begin when beneficiaries receive notice of the trust or when they discover grounds for a claim. Trust deadlines can vary but are typically strict, requiring prompt legal action.

2. Court Process

○       Will contests: Are handled in probate court, which is a public process subject to court supervision.

○       Trust contests: May avoid full probate court but often involve trust litigation in civil or probate court, sometimes with added complexity due to ongoing fiduciary responsibilities.

3. Privacy

○       Will contests: Probate is a public process, so details of the dispute and the will may become part of the public record.

○       Trust contests: Trusts are designed for privacy, and many disputes can be handled confidentially, though court involvement may reduce privacy.

4. Complexity and Evidence

○       Will contests: Usually focus on proving incapacity, undue influence, or fraud at the time the will was executed.

○       Trust contests: Often require additional evidence of trustee misconduct, mismanagement, or interpretation disputes, making these cases potentially more complex and drawn out.

5. Potential Remedies

○       Will contests: The court may invalidate all or part of the will, allowing assets to be distributed according to a previous version or under state intestacy laws.

○       Trust contests: Remedies can include removal of a trustee, modification of trust terms, accounting of trust assets, or invalidation of amendments that were made improperly.

Considerations When Deciding to Contest

●       Legal standing: Only certain individuals—typically beneficiaries, heirs, or interested parties—can contest a will or trust.

●       Evidence: Strong documentation, witness testimony, and expert evaluations are often required.

●       Cost vs. benefit: Litigation can be expensive and emotionally taxing, particularly with trust disputes that involve ongoing administration and fiduciary responsibilities.

●       Alternative dispute resolution: Mediation or negotiation may resolve disputes without a full court battle, which is particularly beneficial for trust contests.

Conclusion

Contesting a will vs a trust involves distinct legal processes, timelines, and considerations. While both aim to ensure that the deceased’s intentions are carried out fairly, trust disputes often involve more complexity due to ongoing fiduciary duties, asset management, and privacy concerns. Understanding the differences is critical for anyone considering legal action.

If you believe that a will or trust was created under improper circumstances or that assets are being mismanaged, consulting an experienced estate planning or trust litigation attorney is essential. Prompt, knowledgeable action can protect your inheritance, preserve your rights, and help resolve disputes efficiently.