Lack of testamentary capacity and undue influence are the two most common bases for challenging the validity of a revocable living trust. Though rare, however, it is possible to challenge a trust based on fraud. A trust is void to the extents its creation was induced by fraud, duress or undue influence. Section 456.4-406 RSMo. To prevail on the fraud challenge, you would need to show numerous things: (1) that the defendant made representations to the person signing the will/trust (“Testator”), (2) the representations were false, (3) the defendant knew the representations were false, (4) the representation(s) was/were intended to deceive the Testator, (5) the Testator relied upon such representation and (6) the Testator was induced to include the dispute provision of the trust or will by reason of such representation.
Under Missouri litigation rules, fraud must be pleaded with particularity. Thus, it is important to include all of the specific factual circumstances surrounding the claimed fraud or intentional misrepresentation.