Proving trust fraud usually requires evidence of intentional deception or wrongdoing. In other words, it is usually not enough to show that an error occurred or that a trustee acted improperly. Rather, it must be demonstrated that someone knowingly engaged in deceptive conduct to obtain an improper benefit from the trust at the expense of beneficiaries or the trust itself.
In California trust fraud cases, relevant evidence may include trust documents, financial records, accountings, communication logs, witness testimony and other materials showing that a party intentionally concealed information, altered documents, diverted assets or otherwise misled beneficiaries or the court. The specific evidence needed will depend on the nature of the alleged misconduct and the claims being asserted.
