Will and trust challenges may risk gifts, while trustees can settle accounts

A will or trust clause that takes away a gift for bringing a court challenge is enforceable unless the challenger proves an exception. This applies when a will or trust says a person loses a gift for bringing a court case to challenge it. The challenger must prove in court that there was a good reason for the case and that it was brought and maintained in good faith. A forfeiture clause generally does not stop a beneficiary from asking a court to enforce a fiduciary’s duties, address a breach, or explain the will or trust. This provision takes effect November 1, 2026.

A trustee may seek approval of a trust account without going to court. A trustee may use the process when a trust ends in whole or in part, when the trustee leaves or plans to leave, or when seeking approval for an interim accounting period while the trust continues. The trustee must notify qualified beneficiaries, beneficiaries who requested notice in writing, and listed trust fiduciaries or a successor trustee. The notice must include account records for the prior 30 months, or the trust’s full term if shorter, and say that certain claims may be barred if no one objects within 60 days. A person who receives notice may object in writing within 60 days after it is sent. The trustee or objector may take the dispute to court or resolve it by agreement. If no timely objection is made, or objections are resolved, the account is treated as approved. Notice recipients may then be barred from certain claims, with the effect of a final court order. The process takes effect November 1, 2026. The 60-day objection period begins when the trustee sends notice.