News & Analysis as of

No Contest Clause Appellate Courts

Gordon Rees Scully Mansukhani

Bakwin Ruling Sheds Light on Trustee Removal and No Contest Clauses in Virginia

The Virginia Court of Appeals recently ruled that a lawsuit seeking to remove a trustee does not trigger a no contest clause. This decision is both valuable and timely, as it clarifies what many attorneys in Virginia have...more

Charles E. Rounds, Jr. - Suffolk University...

Invoking the equitable defense of acquiescence at the inception and appellate stages of trust litigation

The equitable defense of acquiescence, which rests upon the equitable doctrine of election, is available to a trustee if a beneficiary, fully apprised of all the relevant facts and law, of full age and legal capacity, and...more

The Estate Lawyers

Undue Influence Case Fades Away at U.S. Supreme Court, But Lessons Endure

The Estate Lawyers on

The legal saga surrounding the estate of Dr. Laura Dean Head—a respected professor at San Francisco State University—is a powerful example of how undue influence and disinheritance can put an estate at risk and take years to...more

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