When a grantor of a revocable living trust dies, the beneficiaries are given notice that the trust has become irrevocable, are given the opportunity to review the trust, have 120 days to issue a challenge to the trust, etc. In a trust I am involved with (as trustee), there are several children of the grantor named. In the trust it is noted that some of the children (all adults) were well situated financially and therefore were excluded and not named as beneficiaries. I understand that persons challenging a trust are limited to what constitutes a legitimate challenge; and have the burden of proof for those challenges which are legitimate. From the above scenario, my question is this: Given the wording of the trust that some of the children were well situated financially, can one of the named beneficiaries legitimately challenge the trust by stating that the excluded children were in fact not well off relative to the other children, and have a good case that such a statement shows that the logic of the trust is uninformed and not competent, or would that point be considered irrelevant? I do have counsel already but am curious about this item and was wondering what others thought.
I don’t believe the trust could be successfully attacked by some analysis that children are not as well off as the trustor thought. It has to be challenged by saying there was lack of capacity, fraud or duress, etc. The law supports people giving away their estates in the manner they see fit and nothing you have written would lead me to think the trust could be successfully challenged.
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