Your father’s estate plan had divided his property among his children for years. Near the end of his life, however, he changed his trust so that one family member received most of the assets. That person had also become increasingly involved in his care and finances. If you question whether the change reflected your father’s wishes, you may be considering a trust contest based on undue influence.
Virginia changed the law governing these cases on July 1, 2026. Under the new standard, when the facts establish a presumption of undue influence, the court must presume that undue influence occurred unless the evidence shows that the deceased person actually intended the transfer reflected in the challenged trust or trust instrument.
For beneficiaries and others involved in a trust dispute, the change can have a significant effect on how an undue influence claim is presented and defended.
At a Glance
- Virginia Code § 64.2-724 provides that a trust is void to the extent its creation was induced by fraud, duress, or undue influence.
- A new law, Virginia Code § 64.2-724.1, took effect July 1, 2026, and changes how the presumption of undue influence operates in certain trust contests.
- The new law does not create an automatic presumption of undue influence whenever someone challenges a trust.
- Once the facts giving rise to the presumption are established, the finder of fact (the judge or jury deciding the facts of the case) must presume undue influence occurred unless the evidence shows that the deceased settlor intended the transfer in the challenged document.
- Evidence concerning the settlor’s condition, relationships, prior wishes, and circumstances surrounding the creation or modification of the trust can become important.
- The new standard brings Virginia trust contests more closely in line with the standard already applicable to will contests involving undue influence.
What Is Undue Influence in a Virginia Trust Contest?
A person who creates a trust, known as the settlor, has the right to decide how property will be managed and distributed. Those decisions do not become invalid merely because a beneficiary encouraged the settlor to make them or because other family members disagree with the choices.
Undue influence goes further. Virginia courts have described it as influence that overcomes the person’s free will and causes the person to make a disposition they otherwise would not have made. Persuasion, advice, requests, and suggestions do not by themselves establish undue influence.
Under Virginia Code § 64.2-724, a trust is void to the extent its creation was induced by fraud, duress, or undue influence. A trust contest can challenge the validity of a trust or, depending on the circumstances, a later trust amendment. The dispute may center on whether the document reflects the settlor’s actual intent or whether another person improperly influenced the decisions reflected in it.
What Changed Under Virginia’s New Undue Influence Law?
Virginia’s General Assembly enacted a new statute in 2026 that significantly changes what happens after a presumption of undue influence arises in a trust contest.
What does the new law require?
Effective July 1, 2026, Virginia Code § 64.2-724.1 provides that when a presumption of undue influence arises in an action contesting the validity of a trust or trust instrument created under Article 1 of Virginia’s Uniform Trust Code, the finder of fact must presume that undue influence was exerted over the deceased settlor.
That presumption applies unless, based on all the evidence introduced at trial, the finder of fact determines that the settlor intended the property to be transferred as stated in the contested document.
How is this different from the previous standard?
Before the new law, Virginia followed a rule under which a presumption of undue influence shifted the burden of producing evidence. Once the party defending the document introduced evidence tending to show that the settlor acted freely, the presumption could disappear. The person challenging the document retained the ultimate burden of proving undue influence by clear and convincing evidence.
Under the new statute, the presumption does not simply disappear because contrary evidence is introduced. The finder of fact must consider the evidence and determine whether the settlor actually intended the transfer reflected in the challenged trust or trust instrument.
When Does a Presumption of Undue Influence Arise?
The new statute does not mean every unusual change to a family trust creates a presumption of undue influence. The person bringing the challenge must first establish facts that give rise to the presumption.
Virginia courts have recognized circumstances that can give rise to a presumption of undue influence. These can include evidence of a weakened mental condition together with suspicious circumstances, or circumstances involving a confidential or fiduciary relationship and improper influence over the settlor’s decision. Whether the presumption arises depends on the evidence and the legal standards established by Virginia case law.
These issues are highly fact-specific. A close family relationship alone does not prove undue influence. Neither does advanced age.
What could undue influence look like in a family trust?
The surrounding circumstances can be as important as the terms of the trust itself. For example, an adult child might provide transportation, help a parent pay bills, or attend medical appointments without exerting improper influence.
The analysis changes when evidence suggests that a vulnerable parent depended heavily on that child, the child became involved in arranging or directing changes to the estate plan that benefited the child, and the changes conflicted with wishes the parent had previously expressed.
How Does the New Standard Affect the Burden in a Trust Contest?
Virginia Code § 64.2-724.1 gives the presumption greater effect. Once it arises, the finder of fact must presume undue influence was exerted unless the evidence presented at trial persuades the finder of fact that the deceased settlor actually intended the property transfer described in the contested document.
The change does not mean that someone contesting a trust automatically wins. It does, however, change the framework the judge or jury uses to evaluate the evidence after the presumption has been established.
The change also aligns trust contests more closely with Virginia will contests. Since 2022, Virginia Code § 64.2-454.1 has applied a similar presumption when undue influence is at issue in a will contest.
What Evidence Can Help Prove Undue Influence?
Undue influence often occurs privately, so there may be no witness who heard someone threaten or pressure the settlor. Instead, trust litigation involving undue influence can require examining the circumstances surrounding the challenged document.
Depending on the facts, relevant evidence may include:
- Earlier versions of the trust and later amendments
- Wills and other estate planning documents
- Emails, text messages, letters, and other communications
- Medical records concerning the settlor’s mental or physical condition
- Statements the settlor made about intended beneficiaries
- Evidence showing who arranged meetings concerning changes to the trust
- Information about who communicated with the attorney preparing the document
- Evidence concerning the settlor’s dependence on the person who benefited from the change
- Witness testimony about the settlor’s relationships, condition, and previously expressed wishes
A dramatic change in an estate plan does not establish undue influence on its own. However, comparing earlier documents and statements with a later trust or amendment may help establish whether the challenged transfer reflected the settlor’s actual intent.
Preserving documents and communications can be especially important when concerns arise. Deleting messages, discarding older estate planning documents, or waiting until records become difficult to locate can make the factual investigation harder.
How Long Do You Have to Contest a Trust in Virginia?
The time available to bring a trust contest can depend on the type of trust and the notice you receive. Under Virginia Code § 64.2-753, a proceeding challenging the validity of a trust that was revocable at the settlor’s death must be filed by the earlier of:
- Two years after the settlor’s death, or
- Six months after the trustee sends you a copy of the trust instrument and notice informing you of the trust’s existence, the trustee’s name and address, and the time allowed to commence a proceeding.
The shorter six-month period can become important when you receive the notice required by the statute from the trustee. If you have concerns about undue influence or another potential challenge to a trust, having the documents and circumstances reviewed promptly by an attorney can help determine what deadline applies to your claim.
What Does the New Law Mean If You Want to Contest a Trust?
If you believe a trust or amendment resulted from undue influence, the first question is not simply whether the distribution seems unfair. The issue is whether the available facts provide a legally valid basis for challenging the document.
An attorney can examine the trust and amendments, the settlor’s earlier estate planning documents, relationships among the people involved, and evidence surrounding the disputed change. That review can help determine whether the facts may support the presumption of undue influence and what additional evidence may need to be obtained.
The new statute can make that analysis especially important. Once the presumption arises, a key question becomes whether the evidence demonstrates that the deceased settlor actually intended the property transfer reflected in the challenged document.
What If You Are Defending a Trust Against an Undue Influence Claim?
The new law also affects trustees and beneficiaries defending a trust. A beneficiary may know that the settlor had valid personal reasons for changing an estate plan, even if other family members were surprised or disappointed. The settlor may have discussed those reasons with an attorney, friends, financial advisers, or other witnesses.
Earlier communications or other documents may also support the position that the change reflected a deliberate choice. Someone defending against an undue influence claim may need evidence showing both the settlor’s decision-making process and actual intent.
PJI Law’s Northern Virginia trust litigation attorneys represent trustees and beneficiaries in disputes involving the validity and administration of trusts. Whether you’re bringing a trust contest or defending against one, identifying and preserving evidence early can help us evaluate the claim under Virginia’s new standard.
Frequently Asked Questions
What is a trust contest in Virginia?
A trust contest is a legal challenge to the validity of a trust or trust instrument. Depending on the facts, grounds for contesting a trust may include undue influence, fraud, duress, lack of capacity, or whether the statutory requirements for creating a valid trust were satisfied.
What is considered undue influence in a Virginia trust case?
Undue influence involves influence that overcomes the settlor’s free will and affects the disposition of property. Courts examine the circumstances surrounding the creation or modification of the trust rather than assuming that persuasion or a close relationship constitutes undue influence.
Does Virginia now presume every disputed trust involved undue influence?
No. Virginia Code § 64.2-724.1 applies where a presumption of undue influence arises. The person challenging the trust must first establish facts sufficient to trigger that presumption. A disagreement over an inheritance or an unexpected distribution does not automatically do so.
What evidence can help prove undue influence in a trust contest?
Evidence may include prior estate planning documents, communications, medical records, witness testimony, evidence of a confidential or dependent relationship, and information showing who participated in arranging or preparing the disputed trust or amendment. The evidence needed depends on the facts of the case.
Can you challenge a trust amendment instead of the entire trust?
Virginia Code § 64.2-724 provides that a trust is void to the extent its creation was induced by fraud, duress, or undue influence. A dispute may concern a particular trust instrument or amendment rather than every provision of the underlying trust.
When did Virginia’s new undue influence standard take effect?
Virginia Code § 64.2-724.1 took effect on July 1, 2026. The statute changes the effect of a presumption of undue influence in actions contesting the validity of a trust or trust instrument covered by the law.
Questioning a Trust or Defending One?
A dispute over a loved one’s trust can involve much more than disagreement about an inheritance. When undue influence is alleged, the circumstances surrounding the settlor’s relationships, condition, prior wishes, and estate planning decisions can all become part of determining whether the challenged document reflects the settlor’s actual intent.
At PJI Law, PLC, our Virginia estate litigation attorneys represent beneficiaries, trustees, and others involved in trust disputes. We can evaluate the trust documents and available evidence, explain how Virginia’s new undue influence standard may apply, and represent you in pursuing or defending a trust contest.
If you have concerns about the validity of a trust or are facing a challenge to one, schedule your complimentary consultation by calling (703) 865-6100 or completing our confidential online form.
At PJI Law, you’ll receive white-glove service and personal attention from a team that treats you like family.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
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