In the past, individuals not named as beneficiaries in a trust had virtually no options if they felt they were wrongly excluded and deprived of their rightful inheritance. However, recent California court rulings have completely changed the landscape. To those wondering, “can a non-beneficiary contest a trust in California?”, you are in luck. Gokal Law Group is more than happy to break down when you can contest a trust as a non-beneficiary.
We have helped countless non-beneficiaries defend their rightful inheritance when they have been wrongfully excluded from trust documents. Here is what to know about non-beneficiaries and their right to contest a trust in California.
Can a Non-Beneficiary Contest a Trust in California?
In California, you don’t have to be a current beneficiary to contest a trust instrument, including an original trust or any amendment, restatement, or revocation. Anyone with a financial interest in any version of the trust can challenge it. As long as you have a stake in the trust and valid grounds to challenge it, such as lack of mental capacity, fraud, or undue influence, you can contest it.
Imagine you are a legal heir of someone who has passed away and left behind a trust, and you believe another beneficiary influenced the grantor to leave you out of the trust. In this situation, you could contest the trust because you have a vested interest: you stand to lose or gain your inheritance.
Another example of a non-beneficiary who can contest a trust is an individual who is not considered a legal heir, but was named in previous versions of the trust, and then found themselves omitted in the final version. If you believe you were removed under dubious circumstances, you can challenge the most recent version of the trust as well.
Additionally, creditors of the deceased person who have a claim to their unpaid debts have the right to contest a trust as non-beneficiaries.
Related Article: What Are the Chances of Successfully Contesting a Trust in California?
You Don’t Need to Be a Beneficiary to Challenge a Trust
Still, additional context is essential for those in these circumstances to better understand their position. For a long time, California’s Probate Code stated that only those named as beneficiaries of a trust have the legal right to challenge it.
However, in 2018, a watershed ruling in the case of Barefoot vs. Jennings changed everything. In this decision, the trial court originally decided that only current beneficiaries to a trust could use the California Probate Code to initiate a trust contest. However, the California Supreme Court recently overturned this ruling, finding that previous beneficiaries also have standing to file contests to current (i.e., amended or restated) versions of the trust.
While trusts are usually harder to challenge than wills, if you believe that you would have been a beneficiary had the trust not been compromised through fraud, duress, undue influence, or incapacity of the grantor at the time of its creation or amendment, you can contest it.
“Essentially, the California Supreme Court’s overruling of the initial decision of Barefoot vs. Jennings has given prospective beneficiaries more rights and avenues to obtain their rightful inheritance. If you have the legal grounds to claim you were wrongfully excluded from a trust, you can challenge it. Even if you were not named as a beneficiary in the current trust document.”
– Abbas K. Gokal, Partner, Gokal Law Group
Related Article: A Trust Lawyer’s Guide: What Invalidates a Trust?
Have You Been Wrongfully Excluded from a Trust? We Can Defend Your Rightful Inheritance.
The California Supreme Court’s recent ruling has opened the door for non-beneficiaries to take legal action when they believe they have been unfairly excluded from a trust. If you believe your standing as a beneficiary was compromised by fraud, undue influence, or incapacity, you deserve to work with a premier attorney to receive your rightful inheritance, and we can help.
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