The shock of being wrongfully disinherited or watching a manipulative outsider take control of a loved one’s estate can be devastating. You may sense something is wrong, but in California, acting on that instinct requires more than suspicion alone. It requires a legally sound strategy. While conducting your due diligence, you may also be wondering about the potential consequences of filing a petition to invalidate a trust without probable cause. Understanding the rules that govern this process, including the serious risk posed by a no-contest clause, is essential before taking action.
At Gokal Law Group, we guide rightful heirs and protect beneficiaries through the complex and often intimidating world of trust litigation. We help turn uncertainty into decisive, informed action, but first, you must understand the risks involved.
What is a Petition to Invalidate a Trust in California
A Petition to Invalidate a Trust, commonly called a trust contest, is a formal legal action filed in California Probate Court by an interested party seeking to have a trust declared partially or entirely void. This petition functions as a lawsuit against the trust itself, alleging that the document is invalid due to fundamental defects such as undue influence, lack of testamentary capacity, or fraud.
It is the critical first step a beneficiary takes when they believe the trust does not reflect the true intentions of the deceased creator, known as the settlor.
Related Article: How Can I Improve My Chances of Successfully Contesting a Trust
What is a No-Contest Clause in a Trust in California?
A No-Contest Clause is a provision sometimes included in a trust to discourage beneficiaries from disputing its terms.
In California, this clause generally provides that if a beneficiary challenges the terms of the trust and the court finds the challenge was brought without probable cause, the beneficiary will forfeit any inheritance they would have otherwise received under the trust.
Because it serves as a powerful legal deterrent, a beneficiary must have solid legal grounds and probable cause before attempting to contest or invalidate a trust.
What Are the Consequences of Filing a Petition to Invalidate a Trust Without Probable Cause in California?
Filing a petition to invalidate a trust is a high-stakes decision. The potential consequences hinge largely on whether the trust includes a No-Contest Clause. Proceeding without sufficient evidence could put your inheritance at risk.
Probable cause refers to the legal basis required to bring a trust contest. Simply put, you must present the court with a legal foundation and evidence to proceed with your claim.
“Filing a petition to invalidate a trust without probable cause can go one of two ways,” explained Anum Arshad, partner at Gokal Law Group. “If the trust contains a No-Contest Clause, that provision may result in a beneficiary losing whatever distributive share they expected to receive. If the trust does not have a No-Contest Clause, there is no penalty.”
Understanding this distinction is critical when considering filing a petition to invalidate a trust:
- With a No-Contest Clause: If your challenge fails because the court finds you acted without probable cause, you will forfeit your inheritance. Probable cause means there is a reasonable likelihood of success based on the facts and evidence available.
- Without a No-Contest Clause: If your challenge fails, there is typically no punitive financial consequence beyond the normal costs of litigation.
Having an experienced trust litigation attorney to evaluate the trust document and assess your legal grounds is the most vital step before filing.
Related Article: How Do You Petition to Invalidate a Trust in California?
Contact Us for the Best Chance to Invalidate a Trust that Encroaches On Your Rights
When your family’s future and legacy are on the line, you cannot risk your inheritance on a legal gamble, which is what filing a to invalidate a trust without clear probable cause essentially is. The complexities of probable cause and No-Contest Clauses require the specialized expertise of an experienced trust litigation attorney.
If you suspect manipulation, fraud, or elder abuse has compromised your rights, contact Gokal Law Group today. We will thoroughly assess your evidence, determine your probable cause, and protect your rightful share.
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