Tag Archives: Utah probate litigation

Hillcrest Investment v. UDOT

In Hillcrest Investment Company v. Utah Department of Transportation, 287 P.3d 427 (Utah App. 2012), the Utah court of appeals explained that a trust beneficiary can bring an action against a third party on behalf of the trust under the … Continue reading

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Hull v. Wilcock, 2012 UT App 223

In Hull v. Wilcock, 2012 UT App 223 (filed August 16, 2012), the court of appeals affirmed the trial court’s admission of extrinsic evidence to interpret the terms of the trust instrument.  Following a long line of cases, the court … Continue reading

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Will Contests in Utah

A will contest (or a contest of a revocable trust) is a legal challenge to the validity of an estate plan.  If the contest is successful, the contested estate plan is invalidated, and the estate assets are distributed as if … Continue reading

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Southwick v. Southwick, 2011 UT App 222

In Southwick v. Southwick, 2011 UT App 222, the court of appeals held that the requirements under the applicable Utah disclaimer statute need not be strictly satisfied.  Rather, the court held that substantial compliance with the statute was sufficient to … Continue reading

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Winward v. Goodliffe, 2011 UT App 292

In Winward v. Goodliffe, 2011 UT App 292, the appeals court upheld the trial court’s ruling that the plaintiff/appellant be required to pay his sister (his only surviving sibling) over $550,000 in order to adjust for over $630,000 that he … Continue reading

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