Wills, Trusts, & Estate Planning Professional Malpractice Civil Procedure

Read Wills, Trusts, & Estate Planning updates, articles, and legal commentary from leading lawyers and law firms:
News & Analysis as of

The enforceability of a trust accounting clause’s failure-to-object provision (the non-judicial settlement of trustees’ accounts)

It is common for the accounting clause of an inter vivos trust instrument to contain a provision along the lines of the following: “The written approval of such an account by the person or persons thus entitled to such...more

Argument Report: Illinois Supreme Court Likely to Find Wrongful Death Lawyer Owes Duty to Next of Kin

Based upon the especially heavy questioning directed at the appellant during the recent oral argument in Estate of Powell v. John C. Wunsch, P.C., the Illinois Supreme Court seems to be contemplating holding that counsel who...more

Illinois Supreme Court to Hear Five Civil Cases In May

On Tuesday, the Illinois Supreme Court announced its oral argument calendar for the May term, and it includes arguments in five civil cases. The cases, with the questions presented in each, are...more

Is Honesty Always the Best Policy? Illinois Appellate Court Holds Attorney’s Ethical Obligations Trump Professional Liability...

In a case of first impression, the Illinois Appellate Court considered whether a professional liability insurer can deny a defense to its insured, an attorney who admits he erred in providing legal services. Ill. State Bar...more

Trial lawyers beware of the in terrorem trust clause: A nasty trap that can keep on springing.

An “in terrorem” or “no-contest” clause in a trust instrument provides for the forfeiture or reduction of the equitable property interest of a beneficiary who contests the arrangement. In a recent New Hampshire case, Shelton,...more

Oliveira v. Kiesler: Attorneys and Non-Attorneys May Be Joint Tortfeasors For Purposes of Offsetting Judgment After Good Faith...

The California Court of Appeal (Fourth Appellate District, Division 3) recently held that an attorney can be a joint tortfeasor with his or her client for purposes of California Code of Civil Procedure section 877. The...more

Shifren v. Spiro: Legal Malpractice Statute of Limitations Does Not Begin to Run Until Judgment or Settlement of Underlying Case...

The California Court of Appeal (Second Appellate District, Division 3) reversed a trial court’s grant of summary judgment in favor of a defendant law firm after concluding that the action was not time-barred by the running of...more

Privity and the Role of Limited Letters in Legal Malpractice Actions

In a significant decision this summer, Schneider v. Finmann, 15 NY3d 306 (2010), the Court of Appeals loosened the privity requirements in legal malpractice actions. Specifically, in Schneider, the Court of Appeals held for...more

California Supreme Court Holds That Heirs in a Wrongful Death Action Are Bound by Decedent's Agreement to Arbitration

California courts have long wrestled with the question of whether a person's agreement to arbitration binds his or her heirs in a later wrongful death action arising out of his or her death. The California Supreme Court's...more

9 Results
|
View per page
Page: of 1

Follow Wills, Trusts, & Estate Planning Updates on: