Blog Post
Myth: Trusts Are Ironclad & Cannot Be Challenged
7/20/2025
Trusts may seem unshakable, but they are not immune to scrutiny. While they offer asset protection, California law allows challenges under certain conditions. For example, if someone creates a trust under undue influence, the trust may not hold up in court.
Similarly, if the person creating a trust lacks mental capacity or fraud occurs during its drafting. Imagine an elderly parent under pressure to sign a trust that excludes all their children. If the children can prove undue influence, the trust might be invalidated. Cases like this highlight that trusts aren’t untouchable.
Challenging a trust requires evidence and a clear legal strategy. While it isn’t easy, it’s possible to dispute a trust when there’s a legitimate cause. This myth discourages people from pursuing justice but is far from reality. Trusts can face challenges, but the process involves balancing the law and the intentions of those involved.
San Diego Probate Attorneys
San Diego, CA 92101