Can someone contest a trust like breaking or contesting a will?
Anyone can hire an attorney to question how legal affairs have been arranged. So, in theory, anyone can attempt to contest a trust. In practice, however, it is much more difficult than contesting a will. As all wills must be probated, any interested party can easily join the routine probate court proceedings and contest the will at that time. In contrast, someone who wants to contest a trust must take the initiative to begin his or her own lawsuit, complete with court and attorney fees.
Anyone can hire an attorney to question how you have arranged your legal affairs, so, in theory, anyone can attempt to contest your trust. However, in practice, it is much more difficult than contesting a Will. Probate court proceedings are open to the public, and anyone who is interested can contest the Will at that time. In contrast, someone who wants to contest a trust must take the initiative to begin his or her own lawsuit, complete with court and attorney fees. What also makes it harder to question the validity of a Trust is the fact that the Trust operates during your lifetime, which generally confirms its terms as your true wishes.
