Trust and Estates Litigation In the News

The fiduciary duty of care sets the minimum level of diligence and competence we expect of trustees, objectively measured by reference to what a “reasonable” or “prudent” person would do in like circumstances, and informed by industry norms and practices. …

Readers of this blog know I’m a big fan of mandatory arbitration clauses in wills and trusts, which are expressly authorized by statute in Florida (see here). Mandatory arbitration is often good for everyone involved in an estate dispute. …

Most inheritance litigation involving claims of undue influence arise in the context of a will or trust contest, and most of those cases revolve around whether the primary beneficiary actively procured the contested instrument. Active procurement can be difficult to …