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.
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