Can Beneficiaries Challenge a Living Trust? - Davies Law Firm

From Davies Law Firm - Can Beneficiaries Challenge a Living Trust? explores when beneficiaries in Syracuse, NY and across New York may have the right to contest a living trust. This episode explains legal standing, direct financial interest, heirs-at-law, prior trust beneficiaries, and why New York courts generally require valid grounds before allowing a challenge to move forward.

Listeners will hear how common trust disputes arise, including claims involving lack of mental capacity, undue influence, fraud, improper execution, and duress. The discussion also highlights important New York authorities and statutes such as Matter of Malasky, Matter of Walther, EPTL § 7-1.17, and the burden of proof required when questioning a grantor’s wishes.

The episode also breaks down no-contest clauses, sometimes called in terrorem clauses, and how they may affect beneficiaries who are considering a challenge. It covers EPTL 3-3.5, EPTL § 11-1.7, SCPA 1404 discovery, Matter of Adams, and the statute of limitations under CPLR 213 and CPLR 213(8), including why timing can be critical in trust litigation.

Davies Law Firm attorneys Frederick P. Davies and William P. Davies help families throughout Central New York, Syracuse, and Onondaga County understand trust administration, estate planning, Surrogate’s Court proceedings, and disputes involving revocable trusts. Whether a listener is concerned about an existing trust, a trustee’s conduct, or protecting their own legacy, this episode offers practical insight into the steps, evidence, and legal process involved in challenging or defending a living trust in New York.

Davies Law Firm

210 E Fayette St, Syracuse, NY 13202, United States

(315) 472-6511

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