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Wills & Trusts: Claim to reform trust properly alleged
The court rules on demurrers to claims concerning the reformation of the trust, what property passes to one of the trust beneficiaries, an unjust enrichment claim and a claim for […]
Wills & Trusts: Trust property was not fraudulently conveyed
Where a trustee filed a derivative claim, alleging that a family investment company was defrauded when trust property was sold below fair market value, the trial court correctly dismissed the […]
Fees properly paid from trust
A trust beneficiary’s arguments that the costs and fees for terminating the trust should be paid from the decedent’s estate, rather than from the trust, are not well taken. Overview […]
Litigant did not violate trust’s no-contest clauses
Where a trust beneficiary pleaded that the circuit court should first determine whether his action would violate a trust’s no-contest provisions and, if the court found that the action did […]
Will bars adult child from moving into widow’s home
A trial court correctly applied a prior Virginia Supreme Court ruling to bar a decedent’s adult child from moving into the family home where he allowed his widow to live, the Court of Appeals of Virginia has held.
Will limited heirs’ property rights
Where the decedent’s adult children inherited a 101-acre parcel of land, “subject to the right of his second wife … ‘to reside in [the] home … for so long as […]
Devise of farmland adeemed by extinction
Where the testator’s will provided that appellant, one of the testator’s sons, would inherit farmland that she had inherited from her husband, the devise to appellant was adeemed by extinction […]
Claims in complaint would not violate no-contest clause
The trial court correctly issued a declaratory judgment that litigation of a trust beneficiary’s claims, which accuse his sister “of obtaining certain gifts from their parents through undue influence or […]
No good faith exception to will’s no contest provision
Where the decedent’s will contained a no contest provision, the circuit court correctly declined to adopt a good faith and probable cause exception to enforcing the provision. Background “Helton and […]
Evidence shows that will was not destroyed
A copy of the testator’s will, which disinherited her sons, was properly admitted to probate. The estate’s executor successfully rebutted the presumption that the missing original “was revoked by clear […]
Plaintiff lacks standing to sue for undue influence
Where plaintiff was not the personal representative of the decedent’s estate, he lacks standing to sue his sister for undue influence, unjust enrichment and breach of fiduciary duty. His fraud […]
Ambiguity regarding will beneficiaries requires remand
Where the decedent’s will ambiguously identified the beneficiaries, the circuit court erred by concluding that the decedent’s executor was the sole beneficiary. Overview Mark Gabi apparently drafted his own will […]
Verdicts & Settlements
- Motor Vehicle Negligence – Unicycle rider dies after being hit by car
- Premises Liability – Delivery driver injured by porch decking collapse
- Premises Liability – Fall down stairs at resort results in injuries, death
- Medical Malpractice – Jurors side with doctor in suit over rescue surgery
- Workers’ Compensation- Seasonal worker paralyzed in tobacco baler accident
- Medical Malpractice- Death from cancer followed stomach pain misdiagnosis
- Workers’ Compensation – Struck in face by forklift, woman suffers brain injury
- Negligence and Tort – Group home resident falls, sustaining femur fracture
- Medical Malpractice – Nursing facility patient dies after fracturing ankle in fall
- Medical Malpractice- Patient has bladder injury during colostomy reversal
- Premises Liability- Apartment guest burned by gas grill spewing fire
Opinion Digests
- The Most Important Opinions, January-June 2026
- Criminal – Court of Appeals wrongly vacated murder conviction
- Tort – U.Va. prevails on former professor’s claims
- Constitutional – Company’s due process claim against county is dismissed
- Administrative – Plaintiffs’ effort to enjoin ITC proceeding fails
- Patent and trademark – Amazon patent infringement suit transferred to New Jersey
- Tort – Chesterfield County dismissed from wrongful death suit
- Consumer Protection – Lawsuit over kratom survives motion to dismiss
- Criminal – Defendant convicted of attempted sexual exploitation of a child
- Evidence – Motion to exclude transmission expert is rejected
- Damages – Court awards pre-judgment interest following parties’ acquiescence
- Employment – Court approves overtime wage collective action settlement
