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Wife who abandoned marriage not entitled to husband’s inheritance
The Court of Appeals of Virginia ruled a wife abandoned her marriage and forfeited her elective share under Va. Code §64.2-308.3, affirming the trial court.
Wills and Trusts: Court removes trustee for failing to perform duties
Where the executor failed to administer a trust effectively, as required by the trust instrument and a settlement agreement, the circuit court was well within its right to remove the trustee and appoint a substitute trustee.
Parties settle trust dispute after one trustee locked out of access — $12 million settlement
Diana Dunham Seiler and George Joseph Seiler created and funded a revocable trust that names them as grantors, co-trustees and beneficiaries.
Beneficiaries’ challenge did not violate will’s no-contest clause
The Court of Appeals of Virginia ruled that trust beneficiaries did not forfeit their inheritance by challenging a trustee’s conduct under a will’s no-contest clause.
Wills and Trusts: Circuit court wrongly interpreted ‘no contest’ clause
Where named beneficiaries moved to disqualify the trustee, the circuit court when it held their suit violated the will’s no-contest clause.
Wills and trusts: Son’s suit against stepmother is reinstated
Where the decedent’s son alleged his stepmother took steps that were inconsistent with trust terms, the circuit court erred when it dismissed the suit.
Will can be enforced despite loss of original copy in flood
Court of Appeals of Virginia affirms probate of lost will destroyed in 2019 flood, ruling no intent to revoke despite missing original document.
Wills and trusts: Trial court did not err in enforcing decedent’s will
Where the decedent executed a will leaving most of his estate to his partner’s niece and nephews, and there was sufficient evidence he did not revoke this will, the court did not err in enforcing it.
Wills and trusts: Handwritten documents didn’t create binding contract
Where plaintiffs argued that handwritten documents executed by the decedent and her late husband constituted a valid and enforceable contract governing the distribution of the decedent’s estate, this argument failed.
Wills and trusts: Stepmother defeats stepson’s claim to real property
Although a man argued that two parcels of real property belonged to a trust created by his parents, the circuit court did not err when it held the property belonged to the plaintiff’s stepmother.
Legal Tech
- A NOTE FROM THE EDITOR : New dedicated coverage of tech challenges facing law firms and legal departments
- Gemini Legal launches DraftEngine for civil litigation forms
- Lawyers continue to grapple with AI ethical issues
Verdicts & Settlements
- Medical Malpractice – Death from cancer followed stomach pain misdiagnosis
- Workers’ Compensation – Seasonal worker paralyzed in tobacco baler accident
- Medical Malpractice – Jurors side with doctor in suit over rescue surgery
- Motor Vehicle Negligence – Unicycle rider dies after being hit by car
- Premises Liability – Delivery driver injured by porch decking collapse
Opinion Digests
- Criminal – Allen charge wasn’t abuse of discretion
- Evidence – Expert’s exclusion from trial deemed harmless
- Parent and child – Mother held in contempt for violating visitation order
- Criminal – Court refuses to continue trial despite missing witness
- Criminal – Meth defendant wasn’t entitled to sentencing safety valve
- Tort – Comments about plaintiff were protected opinions
- Real Property – Condo unit owner challenges expansion plans
