Chances of Successfully Contesting a Trust (& How You Can)

The chances of successfully contesting a trust in Florida depend on various legal grounds and circumstances. Understanding the specific criteria and processes involved is crucial for anyone considering an action. This document delves into the valid reasons for contesting a trust, the legal framework in Florida, and the potential outcomes.

Can a trust be contested in Florida?

Yes, a trust can be contested in Florida. Grounds for contesting include lack of capacity, undue influence, fraud, or improper execution. To challenge a trust, interested parties must file a lawsuit in probate court within the state’s statutory period, typically four years after the trust becomes irrevocable.

Selling a house in a trust after death involves the trustee handling the property’s sale according to the terms of the trust and distributing the proceeds to the beneficiaries as specified. A Florida real estate lawyer provides legal expertise on property transactions, including purchases, sales, leases, and disputes, ensuring all dealings comply with state regulations. 

Is it difficult to contest a trust?

Yes, contesting a trust in Florida can be challenging due to the stringent legal requirements and the burden of proof required to demonstrate grounds like undue influence or lack of capacity.  While success is possible, it hinges on the specifics of the case and the quality of legal representation involved.

Disputing a trust successfully involves establishing valid legal grounds such as undue influence, fraud, or lack of capacity. Each of these grounds requires substantial evidence. For example, proving undue influence involves demonstrating that the trustor was coerced or manipulated during the creation of the trust. Similarly, allegations of fraud need to show that deceits or misrepresentations directly impacted the trust’s formation. Misunderstanding or misinterpreting the legal requirements can lead to dismissal of the case. Therefore, comprehensive knowledge of both legal precedents and particular circumstances is essential for navigating a trust dispute.

Chances of successfully contesting a trust

The chances of successfully contesting a trust depend on the specific circumstances of each case. Typically, trusts are hard to contest and require substantial evidence to prove claims like fraud, coercion, or improper execution. Proper legal representation and thorough preparation are crucial for a successful outcome in such cases.

Who can contest a trust?

  • Beneficiaries named in the trust
  • Potential heirs or previous beneficiaries not named in the trust
  • Creditors with a claim against the settlor’s estate
  • Legal representatives of interested parties
  • Siblings contesting a trust in Florida must provide substantial evidence to support their claims and navigate the complex legal processes to achieve a favorable outcome.
    What happens when one sibling is living in an inherited property and refuses to sell: When one sibling is living in and refuses to sell, a legal dispute may arise requiring court intervention to resolve the disagreement and ensure fair property division.

Grounds for contesting a trust in Florida

There are several reasons to contest a trust in Florida:

  • Lack of testamentary capacity: Arguing that the settlor did not have the mental capacity to execute the trust.
  • Undue influence: Demonstrating that someone exerted undue influence over the settlor to create or modify the trust.
  • Fraud: Proving that the trust was created or modified based on false information or deceitful acts.
  • Forgery: Showing that the trust document is forged or otherwise not a true representation of the settlor’s intentions.
  • Duress: Asserting that the settlor was forced or threatened into signing the trust.
  • Mistake: Arguing that the settlor made a mistake in creating or modifying the trust.
  • Breach of fiduciary duty: Claiming that the trustee has breached their fiduciary duties, such as mismanaging trust assets or acting in their own interests instead of the beneficiaries.
  • Revocation:  A settlor has the right to revoke or amend a trust at any time during their lifetime, as long as they are mentally competent.
  • Capacity: Arguing that the settlor lacked the mental capacity to create or modify the trust due to factors such as dementia or mental illness.
  • Elder abuse:  Alleging that the settlor was taken advantage of or coerced into creating or modifying the trust due to their age or vulnerability.
  • Invalid execution: Arguing that the trust document was not executed properly according to state laws, such as not having enough witnesses present at the signing.
  • Ambiguity: Asserting that the language used in the trust document is unclear and can be interpreted in different ways, leading to disputes among beneficiaries. 

If successful in contesting a trust, the court may declare all or part of it invalid and make necessary changes to ensure the settlor’s true wishes are carried out. This could

How to contest a trust in Florida

Here are the steps involved when challenging a trust in Florida:

Gather Evidence

The first step in how to challenge a trust is to collect all necessary documentation that supports your claim. This includes medical records, witness statements, and any correspondence relevant to the trust’s creation or modification.

File a Petition

You will need to file a formal petition with the probate court. This petition should outline your grounds for contesting the trust and include all supporting evidence.  A Florida probate administration attorney specializes in guiding clients through the probate process, ensuring that the deceased’s estate is managed and distributed according to state laws and the decedent’s wishes.

Serve Notice

Notify all interested parties, including current beneficiaries and the trustee, about the contest. This ensures that everyone involved has the opportunity to respond and present their case. Consulting a contested trusts litigation lawyer can significantly increase your chances of success.

Attend Hearings

Be prepared to attend court hearings where evidence will be presented, and both sides will argue their case. Engaging a contested trusts attorney is crucial to navigate this complex legal challenge effectively.

How much does it cost to contest a trust: The cost to contest a trust can vary significantly, including filing fees, attorney expenses, and other related costs, potentially amounting to thousands of dollars depending on the case’s complexity.

Can you contest a trust in Florida? Our conclusion

Contesting a trust in Florida is a complex and challenging process, but it can be successful with the right legal support and thorough preparation. If you believe you have valid reasons to contest a trust, engaging a specialized attorney is crucial to navigating this intricate legal landscape.

  1. Legal Grounds are Essential: To successfully contest a trust in Florida, you must have substantial evidence to prove legal grounds such as undue influence, fraud, lack of testamentary capacity, forgery, or duress.
  2. Complex and Challenging Process: Navigating through the complexities of contesting a trust involves stringent legal requirements and a high burden of proof, making the process difficult but not impossible.
  3. Importance of Legal Representation: Engaging a specialized contested trusts attorney is crucial. Their expertise in Florida’s trust laws can significantly improve the chances of a favorable outcome.
  4. Detailed Preparation is Critical: The success of contesting a trust heavily depends on thorough preparation, which includes gathering comprehensive evidence, filing an accurate petition, serving notice to all interested parties, and being prepared for court hearings.
  5. Timely Action is Necessary: Understanding and adhering to the specific timelines and procedural requirements in Florida’s legal framework is essential to ensure your case is heard and adjudicated properly.

By keeping these key points in mind, you can better navigate the challenging landscape of contesting a trust in Florida.

Remember, the key to a successful claim is substantial evidence and expert legal representation.  For expert guidance and representation, contact us to engage a contested trusts attorney well-versed in Florida’s trust laws.


Can a beneficiary contest a trust?

Yes, a beneficiary can contest a trust if they believe it was established or altered under questionable circumstances such as undue influence, fraud, or lack of mental capacity. The beneficiary must file a lawsuit in probate court within the statutory period set by state law.

Can a non-beneficiary contest a trust?

A non-beneficiary can contest a trust if they have a legitimate legal interest, such as being an heir who would inherit if the trust didn’t exist. They must prove standing and file their challenge within the statutory period, which varies by jurisdiction and state law.

Can you contest a living trust?

Yes, contesting a living trust in Florida is possible, especially if there are claims of undue influence, lack of capacity, or improper execution. Although it is revocable while the grantor is alive, disputes usually arise after the grantor’s death when the trust becomes irrevocable and the assets are distributed.

Cueto Law Group P.L.