Trusts can be contested on some of the same grounds wills can be contested, namely --

1. Forgery

2. Fraud or duress

3. Lack of mental capacity

4. Undue influence

There is generally no time limit on contesting trusts other than the equitable doctrine of laches. However, if the trust is a revocable inter vivos trust (created while the grantor was still alive) to which the grantor's will makes a gift, the six month from date of admission of the will limit applies if the will is admitted to probate.

The Dead Man's Act does not usually apply to trust contests because the decedent's administrator or executor is ordinarily not a party.

Donald M. Thompson * 55 W. Monroe #3950; Chicago, IL 60603 - Illinois Probate Lawyers
Ph: 312-782-0844 * Fax: 312-201-1436 * Email: donthompsonlaw@sbcglobal.net