Long Island Elder Law & Estate Planning

Trust contested New York

When you create a trust, you likely do so with the intention of avoiding the complications and delays often associated with probate. Even a well-crafted trust, however, is not immune to disputes. Understanding the grounds on which a trust can be contested can help you better prepare and ensure that your estate plan reflects your wishes. Toward that end, the Long Island attorneys at Eghrari Law Firm discuss when and how a trust can be contested in New York.

On What Grounds Can a Trust Be Contested in New York?

Like a Last Will and Testament, a trust can be contested. To contest a trust in New York, an interested party, such as a beneficiary or heir, must allege valid legal grounds on which the trust could be declared invalid, including:

  • Lack of Capacity: One of the most frequent grounds for contesting a trust is the claim that the grantor (the person who created the trust) lacked the mental capacity to do so. In New York, the Grantor must be of sound mind and possess the ability to understand the nature and consequences of their actions when establishing the trust. For example, if it can be proven that the Grantor was suffering from dementia, Alzheimer’s disease, or any other condition affecting their mental state at the time of the trust’s creation, the trust may be deemed invalid.
  • Undue Influence: Undue influence occurs when someone exerts excessive pressure on the Grantor, causing them to create or modify a trust in a way that does not reflect their true intentions. This often involves manipulation by a person in a position of power or trust, such as a caregiver or family member. To successfully contest a trust on these grounds, the challenger must provide evidence that the Grantor was coerced or manipulated into making decisions that benefitted the influencer at the expense of other beneficiaries.
  • Fraud or Misrepresentation: A trust can also be contested if it was created or altered based on fraudulent information or misrepresentation. This means that the Grantor was deceived into making a trust or modifying its terms. For instance, if someone falsely claimed that another beneficiary was deceased or misrepresented facts about the trust’s assets, the trust may be invalidated.
  • Improper Execution: New York law requires that a trust be executed following specific legal formalities. If these formalities are not observed, the trust may be contested. Common issues include the absence of required signatures, failure to have the document properly witnessed, or not adhering to other statutory requirements. Ensuring that all legal procedures are meticulously followed can help prevent challenges based on improper execution.
  • Duress: Duress involves the use of threats or actual harm to force the Grantor into creating or altering a trust against their will. This is similar to undue influence but involves more direct and forceful coercion. If it can be demonstrated that the Grantor was under duress when the trust was created or amended, a court may find the trust invalid.

How Do I Contest a Trust in New York?

Contesting a trust in New York involves a legal process that typically begins with an interested party filing a petition with the Surrogate’s Court, outlining the grounds for contesting the trust. This petition should include all relevant facts and evidence to support the claim. Next, the parties will go through the “discovery” process. During the discovery phase, both sides gather evidence to support their positions which may involve obtaining medical records, financial documents, witness statements, and other pertinent information. At some point, the court will set the matter for a hearing where both parties present their evidence and arguments. Witnesses may be called to testify, and experts may provide opinions on matters such as the Grantor’s mental capacity. After reviewing all evidence and hearing arguments, the court will make a decision. If the court finds the trust to be invalid based on the presented grounds, it may nullify the trust or specific provisions within it.

Do You Have Additional Questions about Contesting a Trust in New York?

For more information, please join us for a FREE estate planning seminar. If you have additional questions about contesting a trust in New York, contact the Long Island estate planning attorneys at Eghrari Law Firm by calling us at 631-265-0599 to schedule your appointment.

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About Eghrari Law Firm

Mark S. Eghrari is an attorney in private practice in Smithtown, New York. He has been in practice since 1988. Mark S. Eghrari provides extensive estate and tax planning services to individuals and businesses. Mr. Eghrari’s primary focus is helping clients avoid probate, minimize or eliminate Federal and State Estate taxes and protect their assets from the high cost of nursing care, if they become ill Read More!