Can You Contest a Trust Like a Will in Arizona?

Q: Can You Contest a Trust Like a Will in Arizona?

Yes. In Arizona, a trust can be contested for lack of capacity, undue influence, fraud, or improper execution. You must act quickly—within one year of the settlor’s death or four months after formal notice. Some trusts also include no-contest clauses, so consult a qualified Scottsdale trust litigation attorney before proceeding.

Yes — but the process and legal grounds slightly differ.

In Arizona, a trust can be challenged (“contested”) much like a will. Both documents reflect a person’s intent for distributing their property after death, and both can be invalidated if that intent was undermined by undue influence, lack of capacity, or other legal defects.

Common Legal Grounds to Contest a Trust

Lack of Capacity:
The person creating the trust (the “settlor”) must have had “testamentary capacity,” the same standard for capacity to sign a last will and testament. It requires that the person had the ability to (1) know who their family was; (2) the nature and extent of their assets; and (3) the nature and effect of the will, trust or other will substitute. These are all assessed as of the time of signing.
Example: If an elderly person with advanced dementia signs a new trust disinheriting long-time beneficiaries, capacity may be questioned.
Undue Influence:
A trust may be voided if someone manipulated or pressured the settlor into making changes that benefited them unfairly and that the trustor otherwise would not have made.
Fraud or Forgery:
If the trust document was falsified, altered, or signed under false pretenses, it can be invalidated.
Improper Execution:
While Arizona law (A.R.S. § 14-10402) does not require a trust to be witnessed like a will, it must still be properly executed and reflect the settlor’s intent.
Breach of Fiduciary Duty:
Even if the trust itself is valid, the trustee can be sued for failing to follow the trust or violating their duties to act in the beneficiaries’ best interests.

Want to learn more? Read Top Reasons to Challenge a Will or Trust in Arizona

Deadlines to Contest a Trust in Arizona

Arizona law imposes strict time limits on when you can challenge a revocable trust after the settlor’s death. Under A.R.S. § 14-10604, a person must file a judicial proceeding to contest the validity of the trust within the earlier of:

One year after the settlor’s death, or
Four months after the trustee sends you:
- A copy of the trust, and
- A written notice stating the trust’s existence, the trustee’s name and address, and the time allowed to contest it.

Once the settlor dies, the trustee can begin distributing property according to the trust’s terms. The trustee is generally not liable for doing so unless:

The trustee knows a contest is already pending, or
A potential contestant has sent written notice of an intent to challenge the trust and then files a judicial proceeding within 60 days after sending that notice.

If a trust is later found invalid, anyone who received property must return it, unless they were a bona fide purchaser for value without notice.

Because these deadlines can expire quickly — sometimes before you even realize you have a claim — it’s crucial to speak with an experienced Arizona trust litigation attorney as soon as possible.

How Trust Contests Differ from Will Contests

No court filing until there’s a dispute: Unlike wills, trusts are typically administered privately, outside of probate court—until someone files a petition.
Possible ongoing administration: Even if only part of a trust is disputed, other provisions may continue operating.

What Happens if the Trust Is Invalidated?

If a trust (or part of it) is found invalid:

The affected assets may pass under a prior valid trust, pour-over will or per Arizona intestacy laws.
The court may appoint an Arizona licensed fiduciary to administer the estate.
Wrongfully obtained property can be clawed back into the estate.

Beware of “No-Contest” Clauses in Arizona Trusts

Many Arizona trusts include what’s known as a “no-contest clause” (also called an in terrorem clause). These provisions attempt to discourage beneficiaries from challenging the trust by threatening to disinherit anyone who contests it.

Such clauses are enforceable in Arizona — unless the contest is brought with probable cause. That basically means if you have a reasonable basis for your challenge (for example, clear signs of undue influence, forgery, or incapacity), the clause likely won’t apply. However, if a court finds that your contest was frivolous or purely retaliatory, you could lose your inheritance entirely.

That’s why it’s vital to have your claim evaluated by an experienced Arizona trust litigation attorney before taking action. A careful review can help determine whether your challenge is justified and avoid triggering a no-contest penalty.

At Berk Law Group, We Help You Protect What’s Rightfully Yours

If you believe a trust was changed under pressure, confusion, or deceit, our Scottsdale, Arizona trust litigation attorneys can help you understand your rights and act quickly. We’ve helped clients throughout Arizona restore fairness in complex trust and estate disputes. Contact us today for a confidential consultation and protect your inheritance before critical deadlines expire.

Watch our Video to Learn More!