When Can You Challenge a Trust in Kentucky?
Most people know that wills can be contested, but fewer realize that trusts — including revocable living trusts and irrevocable trusts — can also be challenged in Kentucky. If you believe a trust was created or amended under suspicious circumstances, you may have grounds to file a trust contest in circuit court.
Grounds for Challenging a Trust
The grounds for challenging a trust in Kentucky are similar to those for contesting a will:
Lack of capacity. The person who created the trust (the “settlor”) must have had sufficient mental capacity at the time they executed the trust document. The standard is essentially the same as testamentary capacity for wills — the settlor must have understood the nature and extent of their property, known who their beneficiaries were, and understood what they were doing by creating the trust.
Undue influence. If someone in a position of trust or power over the settlor manipulated them into creating or amending the trust, the trust (or the affected provisions) may be invalidated. The analysis mirrors the undue influence framework used in will contests — courts look at the existence of a confidential relationship, the settlor’s vulnerability, the influencer’s opportunity and involvement, and whether the trust provisions represent an unnatural disposition.
Fraud or duress. A trust procured by fraud (misrepresentation of material facts) or duress (threats or coercion) can be challenged.
Improper execution. Under KRS 386B.4-020, the creation of a trust requires certain formalities. If those formalities weren’t met, the trust may be invalid.
Who Can Challenge a Trust?
Generally, a person must have standing to challenge a trust — meaning they must be someone whose interests are directly affected. This typically includes beneficiaries named in the trust, beneficiaries who were removed by a suspicious amendment, heirs who would inherit if the trust were invalidated, and in some cases, prior trustees or other fiduciaries.
Timing Matters
Trust contests are subject to statutes of limitation, and the clock can start running at different times depending on the circumstances. Under KRS 386B.6-040, a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death must be brought within the earlier of two years after the settlor’s death or six months after the trustee provides the potential contestant with a copy of the trust instrument and notice of the trust’s existence. If you think you may have grounds to challenge a trust, don’t delay — the window for filing can close quickly.
Trust Contests vs. Will Contests
One key difference: trust contests are typically heard by a judge, not a jury. Will contests in Kentucky go to a jury, but trust disputes are equitable proceedings decided by the court. This can affect litigation strategy significantly — the way you present evidence and arguments to a judge differs from how you’d present them to a jury of twelve.
If you have concerns about the validity of a trust, I can help evaluate whether you have a viable claim. Call me at (859) 225-9540 or use the contact form.
Joseph D. Buckles is a probate litigation attorney at Buckles Law Office, PLLC in Lexington, Kentucky.
