If your practice involves contested probate or trust matters, you would do well to keep abreast of the legislative proposals being considered by the Probate and Trust Litigation Committee. For example, key legislative items currently under consideration are the following:
- The Committee is considering new legislation that would build on (or perhaps detract from?) existing statutory law addressing when a trustee being sued for breach of trust may pay his or her legal defense fees with trust assets without a prior authorizing court order. This statute addresses issues raised in a recent case I previously wrote about here.
- The Committee is considering new legislation that would statutorily reverse Florida case law holding that in some circumstances communications between a trustee and his or her attorney are not privileged. This statute addresses issues raised in a case I previously wrote about here.
- The Committee is considering new legislation that would statutorily recognize the enforceability of arbitration clauses in wills and trusts.
The meeting agenda contains several white papers and proposed statutes being considered by the Committee. The following is the Committee chair’s email circulating the linked-to agenda document. All inquiries should be directed to Jack Falk at the email address provided below.
>>> "Falk, Jack A." <email@example.com> 09/26/06 09:24AM >>>
Dear Committee Members,
The Probate and Trust Litigation Committee will be meeting from 10:00 a.m. to Noon on Friday, September 29, 2006, at Gaylord Palms hotel in Kissimmee, Florida, in conjunction with the Real Property, Probate and Trust Law Section’s Executive Council meeting. Attached please find
the Agenda and Minutes for the meeting.
I anticipate that we will spend a substantial part of the meeting working through the proposed legislation on payment of attorneys’ fees from trust assets by a trustee accused of breach of
I look forward to seeing you in Kissimmee! Jack