Archives:
Authors
- Brett Herbert (6)
- Greg Bean (3)
- Will Sleeth (14)
Titles
- Ambiguity in Real Property Provisions in Virginia Wills
- Virginia Does Not Recognize the “Good Faith Exception” for No Contest Clauses
- The Burden of Proof When Using the Alternative-Pleading Model in Hunter v. Hunter
- Where to Search for a Missing Will
- Virginia’s Harmless Error Rule May Permit a Will that Doesn’t Meet the Conventional Formalities to be Probated
- Appeals from the General District Court
- Statute of Limitations for Breach of Fiduciary Duty Actions
- 2022 Year in Review for Trust and Estate Disputes
- Legal Standing to Contest Inter Vivos Transactions in Virginia
- Virginia Has A New Standard For Undue Influence In Will Contest Cases
- When Does a Trust Become Irrevocable? At the Settlor’s Death, or Upon the Settlor’s Loss of Capacity? Hunter v. Hunter’s Discussion of the Concept
- Must a Will/Codicil be Signed?: Virginia Court Finds an Unsigned Codicil to be Valid
- More Lawsuits Coming?: Virginia’s General Assembly Increases the Jurisdictional Limits in Virginia’s General District Courts for Certain Personal Injury Claims
- No Contest Clauses and Challenges to Beneficiary Designations, Account Titlings, Gifts, or Powers of Attorney: Hunter v. Hunter’s Discussion of the Concept
- The Supreme Court of Virginia Hands Down a New Decision on the Applicability of a No Contest Clause in a Trust
- Trustee Accounting Requirements and Duties in Virginia: Hunter v. Hunter’s Discussion of the Concept
- “Gift Over” and No Contest Clauses: Hunter v. Hunter’s Discussion of the Concept
- A Life Estate or Something Else?: The Virginia Supreme Court Adds Some Clarity on the Creation and Scope of Life Estates in Virginia
- No Contest Clauses Protecting Fiduciary Misconduct: Hunter v. Hunter’s Discussion of the Concept
- Virginia Supreme Court Upholds Judgment Against Power of Attorney Agent for Breach of Fiduciary Duty
- Who Would Inherit the Emperor’s Estate?
- 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)
- Estate Litigation Predictions for 2020
- Public Policy Limits on Wills – May a Will Condition a Bequest on a Beneficiary’s Obtaining a Divorce?
- Virginia Supreme Court Issues New Ruling Regarding Commissioner of Accounts
- Prior Correspondence: A Key Tool in Preparing Your Estate Dispute Case for Trial
- What Happens When a Will’s Language is Inconsistent with the Titling of an Account Held with Survivorship?
- Recovering Attorney’s Fees in Power of Attorney Litigation: Virginia General Assembly Passes New Law Permitting the Recovery of Fees
- Jury Instructions on Undue Influence: Virginia Supreme Court Clarifies the Law
- Matters of Style: Spouse’s Elective Share Suit Dismissed for Naming the Wrong Party
- Virginia Supreme Court Clarifies Remedies In Power Of Attorney Lawsuits
- A Bewildering Bequest: The Supreme Court of Virginia Weighs in on the Meaning of a Will’s Residuary Clause
- Virginia Supreme Court Issues New Opinion on the Standard to Admit a Will to Probate
- Legislative Update: Virginia’s General Assembly Acts to Reduce Inconsistencies between Revocable Living Trusts and Wills
- How to Disinherit a Child: 5 Tips to do so Successfully
- Raise It or Waive It?: The Virginia Supreme Court Weighs in on When Parties in Estate Litigation Must Raise (or Waive) Testamentary Capacity/Undue Influence Claims
- Who Would Inherit Luke Skywalker’s Estate?
- Doctors Notes for Will Signings: Should You Get One?
- Undue Influence in Virginia: Does the Undue Influencer Have to Be a Beneficiary?
- 4 Estate Litigation Predictions For 2018
- The Role of the Commissioner of Accounts in Virginia Estate and Trust Administration
- I Do…I Do…Wait, Did We?: The Virginia Supreme Court Weighs in on the Timing of Marriage Licenses and Ceremonies
- Alan Thicke Estate Dispute Highlights Pre-litigation Threats
- Virginia Supreme Court Issues New Estate Dispute Opinion
- Legal Malpractice Claims Against Estate Planning Attorneys in Virginia: Post-Thorsen Legislation
- Be Careful With That Power of Attorney!: Arbitration Clauses and Nursing Home Lawsuits
- Trust Decanting Disputes
- Trustee Removal Lawsuits: An Overview
- Practical Tips Regarding Oral Contracts to Make Wills
- UPDATE: Can an Intended (and Disappointed) Beneficiary Still Sue a Will’s Drafter?: The General Assembly of Virginia Enacts a Statutory Fix to the Thorsen Decision
- Oral Contracts to Make Wills
- 10 Arguments Against Pre-Death (Antemortem) Probate and Will Contests
- Left At The Altar?: Who Owns The Engagement Ring When Love Goes Wrong?
- Top Four Estate Disputes from 2016
- Changes To Elective Share Law in Virginia Will Lead To More Litigation
- A Post-Mortem, Spousal Surprise: Can My Husband Write Me Out of His Will?
- Do It Yourself Wills: Will They Lead to More Litigation?
- Guardianship Petitions by Long Term Care Facilities
- Who Would Inherit Darth Vader’s Estate?
- Recognizing Signs of Elder Abuse (and Traits of Elder Abusers)
- Risks to Estate Planning Attorneys in Light of the Thorsen Case
- Unfulfilled Expectations: May an Intended (and Disappointed) Beneficiary Sue a Will’s Drafter?
- Virginia Supreme Court Issues New Ruling Regarding Guardianship Orders
- Misconduct Remedies Against an Agent Under a Power of Attorney
- 3 Strange Things About Prince’s Estate
- Duties of an Agent Under a Power of Attorney
- The Rise of Litigation Involving Trust Protectors
- Guardianships for Disabled Young Adults
- 4 Steps To Take If An Estate Dispute Is Brewing
- The Fictional Fight Over Han Solo’s Estate
- “No Contest” Clauses Part 3: The Rafalko Dissenting Opinions
- “No Contest” Clauses Pt. 2: The Rafalko Majority Opinion
- Yes, Virginia, There Is A “No Contest” Clause
- Top 10 Ways To Be Disinherited (And How To Avoid That) (Part 2)
- Top 10 Ways To Be Disinherited (And How To Avoid That) (Part 1)
- Reptile Theory and Estate Litigation
- Confronting Caretaker Abuse & Misconduct
- Lost Wills: What To Do When The Original Can’t Be Found
- Virginia Supreme Court Issues New Ruling Regarding Missing Wills
- Till Death Do Us Part. . . or at Least Until the Divorce Becomes Final
- Tips For Successful Succession Planning
- B.B. King’s Estate: Murder Allegations and the Slayer Rule
- The Ernie Banks Will Dispute Highlights Potential Concerns About Caregivers
- Daubert In Virginia State Court: Where Do Things Stand Now?
- Use Checklists to Avoid a Will Dispute
- Ruling Highlights the Need for Testamentary Intent for Holographic Codicil
- Trustees Should Avoid Bitcoin
- Robin Williams Trust Dispute Highlights Importance of Precise Drafting
- New Ruling Has Implications for Expert Witnesses in Estate Litigation Matters
- Recognizing Signs of Undue Influence
- Why You Should Avoid Filming a Will Signing
- Waiting for Atticus Finch
- Why a Guardianship Proceeding Could be a Precursor to a Will Change
- Using “Nonmarital Child” Instead of “Illegitimate Child”
- Perfect Estate Plans (On Paper) Can Still Lead to Litigation
- How To Snoop On An Agent’s Actions Under a Power of Attorney
- New Law Enables Possible Recovery Of Attorney’s Fees On Grounds Of Undue Influence
- Welcome to the Estate Conflicts Blog!
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