Q: I’m concerned about a family member of mine contesting my trust after I pass; what are some of the most common grounds for a trust to be contested?

A: There are several reasons a trust may be attacked or challenged as invalid, including:

1: Mental Incompetence: The grantor lacked the requisite mental capacity

2: Undue Influence: External pressure affected the grantor’s decisions

3: Forgery: The trust document is falsified or someone else signed pretending to be the Settlor

4: Defective Execution: The trust doesn’t meet California’s legal criteria

5: Multiple Contradictory Documents: Existence of varying trust documents