When can a trust be contested in Delaware?

A trust in Delaware can be contested primarily on specific legal grounds defined by statutory and common law principles. The correct answer, which highlights the conditions under which a trust can be disputed, mentions lack of capacity, undue influence, or improper execution.

Lack of capacity refers to the situation where the settlor (the person creating the trust) did not have the mental capability to understand the nature and implications of their actions when the trust was established. This is a fundamental criterion since creating a trust requires a clear understanding of what a trust is and how it operates.

Undue influence occurs when an external party manipulates or coerces the settlor into creating a trust or including specific provisions that they wouldn’t have chosen otherwise if left to their own devices. Proving undue influence requires demonstrating that the influencer had a confidential relationship with the settlor and exploited that trust in a way that unfairly benefited them.

Improper execution pertains to the failure to comply with statutory requirements for the creation of a trust, such as witnessing or signing in accordance with the law. If these legal formalities are not observed, a trust may be invalidated.

The other options, while they touch on issues that could arise in the context of trusts, do not constitute legitimate grounds for