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Tag Archives: utah trust litigation
Utah Trust & Probate Litigation: What Should I Expect?
Trust and probate litigation can take a variety of forms. A classic example of such litigation would be a will contest or a contest of a revocable trust in which the validity of the will or trust is challenged, usually … Continue reading
Attorney Fees in Utah Trust & Probate Litigation
The terms “probate litigation” or “trust litigation” generally refer to legal disputes over the administration or the internal affairs of trusts or probate estates, as opposed to disputes between a trust or estate on the one hand and a third … Continue reading
Warner v. Warner
In Warner v. Warner, 2014 UT App 16, a 15-year long dispute between the trustees of a trust and the trust beneficiaries, the Utah Court of Appeals affirmed the district court’s ruling that the trustees were required to pay a … Continue reading
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
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
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
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
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
Bowen v. Bowen, 264 P.3d 233 (Utah App. 2011)
In Bowen v. Bowen, 264 P.3d 233 (Utah App. 2011), the settlor established an irrevocable trust in 1982. In 2001, the settlor purported to amend the trust by removing the plaintiff and her brother as trust beneficiaries. The settlor died … Continue reading