Tag Archives: Guardianship

Estate Litigation Predictions for 2020

As we make our way into a new year, it’s a good time to ask what trends we’re likely to see in 2020 in the world of estate litigation. Three main trends stand out in my mind: litigation over increasingly broad no contest clauses, an increase in contested guardianship and conservatorship litigation, and the advent of litigation over electronic wills. Litigation Over Increasingly Broad No Contest Clauses I predict that in 2020, we’ll see increased litigation over the scope and enforceability of no contest clauses, also referred to as in terrorem clauses. In short, no contest clauses are provisions contained …

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Posted in Court Opinions, Guardianship/Conservatorship Proceedings, New Laws, No Contest Clause \ Comments Off on Estate Litigation Predictions for 2020

Virginia Supreme Court Issues New Ruling Regarding Guardianship Orders

A recent Virginia Supreme Court case highlights the importance of using precise language in an order appointing a guardian, as well as ensuring that when a guardian files suit on behalf of a ward, the guardian sues in the correct capacity. The Virginia Supreme Court recently handed down its ruling in Lopez-Rosario v. Habib, 785 S.E.2d 214 (2016), which dealt with an appeal from the Fairfax County Circuit Court. The Court confronted the issue of whether the trial court properly dismissed a medical malpractice claim on the ground that the plaintiff filed suit in her own name, despite the fact that …

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Posted in Court Opinions, Guardianship/Conservatorship Proceedings, Legal Terminology \ Comments Off on Virginia Supreme Court Issues New Ruling Regarding Guardianship Orders