News & Analysis as of

Trusts Contract Terms

Winstead PC

Court Affirms Modification Of Trust That Relied On Extrinsic Evidence And Contradicted Express Trust Terms

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In In re Poe Trust, a co-trustee of a trust filed suit to modify the trust to change distribution provisions, increase the number of trustees, and change the method for trustees to vote on issues as well as other...more

Latham & Watkins LLP

Hong Kong Court Resolves Conflicting Authority on Trust Claims

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This resolution is important for contractors’ rights to retention monies in construction contracts. The Hong Kong Court of First Instance (CFI) held in a recent judgment that, whilst the absence of segregation is not...more

Winstead PC

Texas Supreme Court Holds That The Incorporation Of AAA Rules Can Delegate Scope Issues To The Arbitrator, Which May or May Not...

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The Texas Supreme Court held that arbitration clauses in trust documents may be enforced regarding claims by beneficiaries against trustees. In Rachal v. Reitz, a beneficiary sued a trustee for failing to provide an...more

Jones Day

Amendments to Queensland Security of Payment Legislation

Jones Day on

The security of payment regime in Queensland has undergone significant reform in recent years. Since the introduction of the Building Industry Fairness (Security of Payment) Act 2017 (Qld), the regime has remained the subject...more

Winstead PC

The Use of Arbitration, Forum Selection, And Jury-Waiver Clauses in Trust and Estate Litigation In Texas - Presentation

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David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes as well as other related issues associated...more

Winstead PC

Contractual Jury Waivers in Trust and Estate Litigation in Texas

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Individuals execute trusts and wills to determine how certain assets are to be managed and distributed. Those same individuals may want to have some control over the dispute resolution process for any conflicts that arise in...more

Downey Brand LLP

California Courts Can Excuse Trustee Who Acts in Good Faith

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A California trustee can be excused from liability for breaches of trust if a judge determines that it would be equitable to do so. We see many situations where a family member trustee strays from the requirements of the...more

BCLP

How Far Can A Grantor Go In Eliminating The Duty To Account?

BCLP on

Trusts are often used to transfer wealth privately without the messiness of a public estate administration. That financial privacy can get blown, however, when trusts become the subjects of very public litigation. ...more

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