A trust can be challenged for any number of reasons including lack of testamentary capacity, undue influence, or lack of requisite formalities. Additionally, beneficiaries may challenge the actions of the trustee as violating the terms and purpose of the trust. Most clients will need or want a no contest clause in the trust that severs a party’s beneficial interest if they unsuccessfully challenge the trust. Other clients need help clearly identifying their property and their intended beneficiaries to avoid potential costly litigation over their trust provisions.
BTJD has extensive experience in assisting clients in all aspects of trusts contests and challenges. We provide advice to trustees to help them meet their fiduciary duties and act within the parameters stipulated by the trust document. We draft revocable and irrevocable wills with no-contests clauses and other provisions that mitigate the chance of a trust contest. Whatever the client needs, BTJD has experienced attorneys ready to help.