Don’t fear a forfeiture clause. Cases in brought in good faith can withstand the no contest clauses. Just because a lawyer made changes does not mean you cannot challenge these unfortunate changes brought by deceit, undue influence, while someone was senile or had a diminished capacity.
You can challenge changes or amendments to trusts for a myriad of reasons. Changes to Trusts can be non sensical and therefore challenged. You can challenge trust changes if you were taken out of the Trust. You can challenge trusts if there is no reasonable standard. You can challenge a trust if the purpose of the trust is no longer relevant.
Does there seem to be clear standard or rational for the trust. Is the trust discretionary or does it use a HEMS standard.
You can challenge irrevocable trusts if the changes are suspect. Was there someone using influence on the grantor. Was the grantor misinformed? Was the grantor pressured into changes?
Challenges to Trusts done in good faith usually do not invoke a forfeiture clause in most cases. If you were left out of the trust or taken out there is no reason not to challenge these changes to the trusts. You have nothing to lose if you are receiving nothing. Trustees can be removed and can be forced to account. They owe you a fiduciary duty. Call us today for a free analysis. We take cases on contingency fee basis.
