Legal Question in Wills and Trusts in Arizona

A trust may be subject to question by children or other family members regarding the legal capacity of the grantors/trustors to create the trust. Beyond that, issues can be raised about how the trust is managed and distributed, which is controlled by the trust agreement.

One does not usually include "no contest" language in a trust agreement, as it is much better to establish with clear and convincing evidence, that the grantors are capable of creating the trust and know exactly what they are doing in establishing the terms and conditions of the trust, and that they have transferred the assets to the trust (funded the trust).

It is important to have legal counsel to draft and establish the trust, and to avoid disputes later.