Contesting a Trust in California
A trust contest is a court proceeding challenging whether a California trust, or an amendment to it, is legally valid. Common grounds include undue influence, lack of capacity, fraud, forgery, and improper execution. Most contests must be filed within 120 days of the trustee's notification under Probate Code section 16061.7.
What are the grounds to contest a trust?
California recognizes several grounds for invalidating a trust or an amendment. Undue influence means someone applied excessive persuasion that overcame the settlor's free will, often through isolation, dependency, or control of information. Lack of capacity means the settlor did not understand the nature of the act, their property, or their relationships at the moment of signing. Fraud means the settlor was deceived about what they were signing or about a material fact. Forgery means the signature is not authentic. Improper execution means statutory formalities were not met. Each ground has a distinct evidentiary burden, and the timing rules are unforgiving: an action contesting the trust generally must be brought within 120 days of service of the trustee's notification, extended to 60 days after a copy of the trust's terms is mailed if that occurs during the period and falls later.
Sources: Probate Code s.16061.7 - Trustee notification · Probate Code s.16061.8 - 120-day contest period · Verified 2026-08-03.
Grounds compared
| Ground | Core question | Typical evidence |
|---|---|---|
| Undue influence | Was the settlor’s free will overcome? | Isolation, dependency, sudden changes, control of the drafting |
| Lack of capacity | Did they understand what they were doing? | Medical records, cognitive testing, witness accounts |
| Fraud | Were they deceived? | Misrepresentations, substituted documents |
| Forgery | Is the signature authentic? | Handwriting analysis, notary records |
| Improper execution | Were formalities met? | The document itself, witness testimony |
What is the deadline?
This is where most valid claims die. The clock usually starts when the trustee serves the notification required by Probate Code section 16061.7 — a single letter that many people set aside while grieving. Read the deadline rules in detail, or estimate your date.
Related
- What rights do I have as a beneficiary?
- Removing a trustee in California
- What is a 16061.7 notice?
- Contesting a will instead of a trust
- What trust litigation costs
Need help with legal fees?
We litigate select cases on contingency, with no upfront fees.
Costs are separate from the fee, and whether you are responsible for them is set out in the written agreement before you sign anything.
How contingency fees work in California
A contingency fee means the attorney is paid from what is recovered rather than by the hour, so a beneficiary who cannot fund litigation out of pocket can still bring a claim. California regulates these agreements closely. Under Business and Professions Code section 6147, the agreement must be in writing and the attorney must give the client a duplicate copy, signed by both, when the contract is made. It must state the agreed contingency rate; how disbursements and costs incurred in prosecuting or settling the claim will affect that fee; and to what extent the client could be required to pay for related matters. Unless the matter falls under section 6146, the agreement must also state that the fee is not set by law and is negotiable. These are not formalities: failure to comply with any provision of section 6147 makes the agreement voidable at the client’s option, leaving the attorney entitled only to a reasonable fee.
Sources: Business and Professions Code s.6147 - Contingency fee contracts · Verified 2026-08-03.
Not every matter suits a contingency arrangement, and the firm does not take every case on one. Whether yours qualifies depends on the facts, the likely recovery, and the assets actually available to satisfy a judgment. Ask when you call.
We Answer 24/7 — Call Anytime · (415) 275-1492