Most estates settle without anyone setting foot in a courtroom, but when a dispute does arise, it tends to follow a fairly predictable set of patterns.
According to an empirical study of trust litigation in San Francisco Superior Court written in 2026, about three-quarters of these cases centered on issues concerning the management of the trust, rather than challenges to the trust itself. This imbalance contradicts the common belief that estate litigation primarily involves challenges to a will’s legitimacy.
What are these common disputes in estate litigation? Understanding them helps put a stressful, unfamiliar situation into a more manageable context.
Will Contests Challenge the Document Itself
Will disputes occur when a person with legal rights prevents the will from being executed as drawn.
The various grounds that lead to contests mainly fall into four major groups. One basis for a will contest is when the testator signs a will when he or she is mentally incapacitated. A person with this condition lacks the mental clarity to understand the contents of the will.
Another ground is when “undue influence” is argued. This term refers to the situation whereby someone holds a position of trust that affords him or her the ability to persuade the decedent into agreeing to terms against his or her stated intentions.
A person who believes that the will is fraudulent can challenge the document’s legitimacy. The last ground concerns the administration of the will and whether it was carried out properly or not. Most of these proceedings are not decided primarily on the basis of the provisions of the testament but rather on the circumstances surrounding its execution.
According to the legal firm website https://www.burnsthomas.com/, a last will and testament is the foundation of a solid estate plan. Since it establishes how a person wishes to distribute their assets to their beneficiaries, it is important to be aware of potential challenges to it.
Trust Disputes Cover Similar Ground With Added Complexity
Trust litigation raises many of the same core questions as a will contest. It involves questions pertaining to the validity of the trust, the capacity of the person who established it, and the presence of coercion. Trusts also generate their own distinct category of disputes around interpretation and administration.
Beneficiaries and trustees can genuinely disagree about what ambiguous language in a trust document actually means or about how assets should be divided when the trust’s instructions don’t clearly address a particular situation.
Breach of Fiduciary Duty Is One of the Most Common Threads Running Through These Cases
Executors and trustees have responsibility for the people they represent. They should engage in activities that are beneficial to them, save money for the entity, and carry out everything exactly as stated in the objectives set out in the estate planning document.
If a claim arises that the fiduciary has committed a liability-related breach, be it by embezzlement, abuse, failure to provide accurate accounts, or unjustly allocating resources, then the matter needs to be solved in the court.
Normally, it is hard to win a court case for a breach of a trustee’s duty given the enormous power given to them. Still, these types of cases commonly arise in litigation on this subject.
Standing Determines Who Can Actually Bring a Claim
Under the law, not everyone who is dissatisfied with the resolution of the estate has the right to lodge a protest against it. The ability to bring disputes to absolutely nullify a will or trust arises from being an interested person. Usually, these people are the beneficiaries, the potential heirs, or parties with vested interest in the financial consequences of effecting the action intended. These provisions mitigate claims from people with no stake in the estate, which would obstruct or complicate property transfer.
Family Dynamics Tend to Shape Which Disputes Actually Escalate
There are many other factors that might explain the reason why some estates with similar wealth can quickly reach an agreement, while others end up being dragged to court.
Disputes are more likely to arise from children omitted from a will, spouses who have remarried, and caregivers who discouraged an elderly person from contacting his/her family, among others. These situations arise not from more complex legal requirements, but from higher stakes. A dispute driven partly by feeling excluded or disrespected can be just as intense as one driven by the value of the assets involved.
Understanding the General Landscape Before a Specific Dispute Arises
Estate disputes often follow a general procedural path, although the specific process varies by jurisdiction and type of claim. A case may begin with a formal filing. This will proceed through discovery and settlement discussions or mediation. If the parties cannot resolve the dispute, the case will continue to a hearing or trial.
Understanding these stages can help set realistic expectations for beneficiaries, executors, trustees, and others involved in estate litigation.
Prevention Still Beats Litigation
The best defense against most of these disputes is a properly drafted, clearly documented estate plan built well before any question of capacity or influence could reasonably arise.
None of these factors means every estate dispute is avoidable. There are several reasons and factors that could lead to estate disputes. Examples are family conflict, cognitive decline, and disagreements over a person’s intentions.
Understanding common issues such as testamentary capacity, undue influence, fiduciary duties, and the interpretation of estate planning documents can help clarify the nature of a dispute and the legal questions that may need to be addressed.