Guide · Wills and Estates

Estate and Trust Litigation: A Comprehensive Guide to Contests, Fiduciary Claims, and Accountings

26 U.S.C. § 6018

Type
Guide
Jurisdiction
National
Date
2025-02-21
Topic
Wills and Estates

This guide covers estate and trust litigation systematically. The opening parts set out the grounds for contesting a will or trust — capacity, undue influence, fraud, duress, and defective execution — with the elements of each, the burden-shifting presumption that decides most undue influence cases, and the evidence that establishes or defeats it. Separate parts cover standing and the short limitations periods that bar more claims than any substantive defense, no-contest clauses and the proceedings that fall outside them, and the ways trust contests differ from will contests. A central part treats fiduciary litigation: the duties, the claims, the accounting as the document where most breaches become visible, and the remedies from surcharge through removal and disgorgement. Later parts cover the other claims that arise in estates — elective share, omitted spouse and child, family protections, construction, reformation, slayer statutes, and tortious interference — the administration and tax deadlines that continue during litigation, discovery practice including the attorney file and privilege after death, settlement and mediation, and the drafting choices that prevent these disputes.

Estate and Trust Litigation: A Comprehensive Guide to Contests, Fiduciary Claims, and Accountings

Wills and Estates > Estate and Trust Litigation | Published 21 February 2025 - Updated 5 October 2025 | UpLaw - uplaw.us

Estate litigation sits at an awkward junction. The disputes are about family history; the causes of action are narrow and technical; and the asset being fought over frequently pays for the fight.

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