If you are in a situation where contesting a trust feels inevitable, you are likely wondering what evidence you need to build a case in court. After all, the evidence you have is the key to emerging from the other side of trust litigation with the inheritance you are entitled to. However, determining if you have the evidence you need to win a trust contest can be difficult. At Gokal Law Group, we can help explain the evidence you need and, if necessary, gather it so that you have the best chance of winning your trust contest. Here’s what to know about the evidence you need:
What Evidence Do You Need when Contesting a Trust?
The evidence you need when contesting a trust is proof of foul play during trust administration or the creation of the trust itself. During the trust litigation process, the facts supporting your case will usually be introduced through witnesses, documents, records, or a combination of all three. Generally, you will need two types of evidence: direct and circumstantial.
Related Article: What Are the Chances of Successfully Contesting a Trust in California?
What’s Direct Evidence in a Trust Contest?
Direct evidence is usually testimony from someone who witnessed the transgression. Imagine you believe the person who created the trust was under undue influence. Direct evidence would be testimony from a person who witnessed this occurring directly, which invalidates the trust.
For example, maybe family members witnessed someone intimidate the person who created the trust into amending it for their benefit, or maybe they walked in on them pocketing jewelry that the trust holds as a valuable asset. Direct testimony is often vital in these cases.
Related Article: California Trust Law: Can a Trustee Be Held Personally Liable?
What’s Circumstantial Evidence in a Trust Contest?
Other forms of evidence are documents and records, which are typically circumstantial. For example, maybe there are medical records that prove that the individual who created the trust was suffering from dementia when they signed an amended trust that left more assets to someone.
These records would be circumstantial because they do not directly prove that undue influence occurred or that a lack of capacity existed at the time the new trust was signed.
Similarly, getting a medical professional’s expert testimony that reaches the reasonable conclusion that the circumstances surrounding the creation or amendment of a trust were the product of undue influence could help prove that this offense occurred.
Expert witness testimony will often be crucial evidence to your case. Almost all trust contests involve depositions, including depositions of any attorneys and professionals who helped draft the document or administer the trust.
Financial records could also serve as critical circumstantial evidence. If you suspect someone is stealing money and siphoning it out of a trust account, either for themselves or for their benefit, this is a severe breach of their fiduciary duty. But these transactions often leave a paper trail.
Leveraging financial statements and records pertaining to the trust and, if necessary, the trustee’s personal financial records that your trust litigation lawyer subpoenas are invaluable types of evidence.
“When clients come to us for help contesting a trust, we always employ creative and sound strategies to gather the evidence we need for their case. With us by your side, you can rest assured that we will handle deposing witnesses, subpoenaing documents and records, and crafting a sound argument.”
– Harry Wallace, Partner, Gokal Law Group
Related Article: How Do You Prove a Breach of Fiduciary Duty?
Do You Need Premier Representation for Contesting a Trust? Schedule a Consultation!
If you have no choice but to resort to contesting a trust, then there must be enough evidence to support your claim. Every situation is different, so you need a seasoned team of attorneys to assess your claim, determine what evidence you need, and use their extensive network and resources to build a compelling case. At Gokal Law Group, we can help with all three so you can safeguard your rightful inheritance. Visit our Contact Us page to schedule a consultation today.
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