Section 6.71 Survival of Action

• Library: Trusts and Powers 2013 Supp

X. (§6.71) Survival of Action

The rules applicable to survival of a cause of action to contest a trust are basically the same as those governing will contests. The property in question belonged, at least beneficially, to the settlor/beneficiary immediately before death, but as a result of a wrongdoing, the property is diverted from the intended recipients. Thus, if the settlor/beneficiary had a valid basis to contest the trust at the time of death, any “interested party” may initiate a trust contest after the death of the settlor/beneficiary. But counsel should note that, in the past, the right to contest a will, in and of itself, was not assignable or...