When a settlor creates a trust, it must be created while they are mentally competent and free from duress or undue influence. In effect, two common grounds for contesting a trust include:

• Claims that the settlor was mentally incompetent
• Claims that the settlor was subjected to undue influence by someone capable of swaying the settlor’s decisions

Such claims assert that the trust document does not represent the decedent’s actual wishes.

Additional grounds for contesting a trust, include:

• The trust document does not satisfy state requirements
• The document’s language is unclear and ambiguous
• Doubt exists over its authenticity

In any case, the burden of proof is always upon the plaintiff who is challenging the trust document. The plaintiff must present clear evidence that convinces the court that the document is defective.