Contested Trusts

disputing the validity of a Trust's terms or the actions of the Trustee
Contact Us Today

Contested Trusts Attorney In Oakland, California

Understanding the Grounds

If you're based in Oakland, California and you're looking to contest a Trust, Yvette Davis can guide you through the process. Grounds for raising objections against a Trust are on par with those for contesting a Will. If you, as an involved party, feel that the Trust's stipulations or the actions of the Trustee infringe on legal regulations or the Trustor's intent, Yvette Davis can help you file a petition with the court. The right to challenge a Trust implies that you should be a person whose interests could be directly impacted by the result. This includes beneficiaries, heirs, and those designated to receive assets from the Trust.


In California, a Trust can be challenged for several reasons. These include lack of capacity or undue influence on the part of the Trustor at the time of drafting the document, fraud or forgery in its creation, and ambiguity or inconsistency in its language. Additionally, if you believe that there has been a breach of fiduciary duty by the Trustee, or if you have evidence to suggest that the Trust was created under duress or coercion, you may also have grounds to contest it.



If you've been left out of a Trust or perceive that you have been dealt with unjustly, Yvette Davis can represent you in court to contest the Trust. As a sole practitioner in the field of Probate & Trust Litigation, Yvette offers personalized and dedicated service to all her clients.

Call  Yvette M. Davis Law at 510-660-0860 to schedule a consultation with a lawyer today.

The Importance of Proving Testamentary Capacity

Dealing with Trust disputes often requires a keen focus on the mental state of the Trustor at the time the Trust was created. Probate Code section 810 outlines the criteria for assessing whether an individual had the capacity to form a Trust. Nonetheless, determining the level of understanding needed to form a Trust does not have a straightforward answer. Judges use a variety of evidence sources, such as medical records and the Trustor's statements and actions, to make their decision.


Establishing a deficit in testamentary capacity can be a formidable and lengthy endeavor, yet it is vital in challenging a Trust. As a Probate & Trust Litigation attorney in Oakland, California, Yvette Davis is well-versed in these complexities, offering her broad knowledge of the field to her clients as a sole practitioner.

Resolving Trust Disputes through Mediation and Litigation

When disputes occur in relation to a Trust, it's often more beneficial to attempt settling the matter outside the court. Mediation, as an alternative to litigation, offers a platform where involved parties can collaborate with an impartial mediator to reach an agreement. This approach is usually more time-efficient and less costly than going to trial, as it allows the disputing parties to have a say in the resolution of their conflict. However, there are instances where mediation may not yield the desired results and litigation becomes inevitable.  In such cases, it's important to have a thorough understanding of the legal process involved in Trust disputes.


The first step in resolving a Trust dispute through litigation is filing a complaint with the appropriate court. This complaint should outline the details of the dispute, including any relevant evidence and facts. The defendant will then be served with a copy of the complaint and given an opportunity to respond. If no response is received within a certain timeframe, the plaintiff can request for default judgment from the court. Once both parties have been properly notified and responded to the complaint, the discovery phase begins. This is where each side collects and exchanges information that will be used as evidence during the trial. This may involve requesting documents, conducting depositions, and issuing subpoenas.


During such a litigation process, each party has the opportunity to present their case and supporting evidence before a judge who will then determine the resolution of the contested issues. Litigation can be longer and more expensive, but it could be crucial to uphold your rights and interests in the Trust. In need of guidance? Reach out to Yvette M. Davis Law in California for a consultation today. Yvette Davis, a Probate & Trust Litigation attorney based in Oakland, is well-versed in assisting with these matters.

Contact Us Now
Share by: