Grounds for Trust Contests in Iowa

Article written by Illinois & Iowa Attorney Kevin O’Flaherty

In this article, we answer, “What are some legal grounds for trust contests in Iowa?” Our Iowa trust attorneys will explain reasons for trust contests in Iowa, including:

• Invalid trusts in Iowa
• Testamentary capacity and trusts in Iowa
• Undue influence and trusts in Iowa
• Fraudulent trusts in Iowa

To learn more about how to contest a trust in Iowa, read our article on How to Contest a Trust in Iowa.

Invalid Trusts in Iowa

A trust that is deemed invalid can be successfully contested in Iowa. Senate File 112 amended the requirements for certifications of trusts in Iowa and went into effect July 1, 2019. For a trust to be validated in Iowa, it must:

• Be signed by either the attorney of an acting trustee or the current trustee
• State that the terms of the trust have not been modified, amended, or revoked in any fashion that would result in an incorrect certification of the trust
• Be sworn and subscribed before a notary public under penalty of perjury

A trust in Iowa must also be created for a valid or lawful purpose. A trust created to hide…