Monthly Archives: April 2020

Who Would Inherit the Emperor’s Estate?

As loyal readers of this blog know, our team has previously posted analyses of the fictional estates of the Star Wars universe (Han Solo, Darth Vader, Luke Skywalker). We now turn our attention to who would inherit Emperor Palpatine’s estate in light of the most recent Star Wars film The Rise of Skywalker. Spoiler Alert: (this post contains spoilers about the recent Star Wars film The Rise of Skywalker). Everyone thought that Emperor Palpatine (“Emperor”) died at the end of The Return of the Jedi when Darth Vader heroically sacrificed himself, on behalf of his imperiled son Luke, and threw …

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Posted in Disinheriting Family Members, Elder Law Disputes, Elective share, General, intestacy, Legal Terminology, Will Disputes \ Comments Off on Who Would Inherit the Emperor’s Estate?

No Contest Clauses Are Strictly Construed: Hunter v. Hunter’s Discussion of the Concept

In Hunter v. Hunter (Record No. 190260), the Virginia Supreme Court devoted nearly a page of its opinion to discussing how no contest clauses in Virginia are strictly construed. Its discussion contains some new language that may prove to be helpful to litigants on this issue. In this second part of a seven-part series of blog posts on the Hunter case, we examine the implications of the Court’s discussion of this issue (note: part one of the series can be found here.

Posted in Court Opinions, Fiduciary Accounting Requirements, No Contest Clause, Trust Disputes \ Comments Off on No Contest Clauses Are Strictly Construed: Hunter v. Hunter’s Discussion of the Concept

Virginia Supreme Court Issues Significant New Decision on No Contest Clauses (Hunter v. Hunter)

The Virginia Supreme Court recently handed down one of the most significant trust and estate litigation opinions in years. In the unanimous ruling in Hunter v. Hunter (Record No. 190260), the Court (for the first time) expressly approved of an alternative-pleading model whereby a trust beneficiary may first seek a declaratory judgment as to whether a proposed claim would trigger a no contest clause, and obtain a ruling on that threshold question, before deciding whether to proceed with the prosecution of the claim. Full disclosure: I litigated the Hunter case on behalf of the successful appellant, both at the trial …

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Posted in Court Opinions, Fiduciary Accounting Requirements, No Contest Clause, Trust Disputes \ Comments Off on Virginia Supreme Court Issues Significant New Decision on No Contest Clauses (Hunter v. Hunter)