The circuit court correctly removed two brothers as co-executors of their mother’s estate and replaced them with a disinterested third party. The “strife and conflict between the brothers[,]” resulting in their inability to agree on even the most trivial matters ...

Tagged with: Justice S. Bernard Goodwyn Supreme Court of Virginia Wills & Trusts

A suit to impeach a will remains pending because the will contestant has standing to bring the suit. Her signature on a release, which appellant argues is an accord and satisfaction, does not bar the suit because the trial court ...

Tagged with: Supreme Court of Virginia Wills & Trusts

Where appellee revoked a trust, of which two of her children were trustees, and a New York guardianship court found that appellee was not an incapacitated person, the Fairfax Circuit Court incorrectly ruled that the New York proceeding collaterally estopped ...

Tagged with: Justice S. Bernard Goodwyn Supreme Court of Virginia Wills & Trusts

A prenuptial agreement in which the parties waived any claims to each other’s estate prevents wife from seeking an elective share in her deceased husband’s estate. Wife’s motion to extend the time in which to file for an elective share ...

Tagged with: Judge Jeanette A. Irby Loudon County Circuit Court Virginia Circuit Courts Wills & Trusts

An arbitration clause in a revocable trust agreement cannot be enforced because the trust is best understood as a donative instrument rather than a written contract. Further, the present controversy did not exist when the trust was executed. Finally, plaintiff ...

Tagged with: Fairfax Circuit Court Judge Bruce D. White Virginia Circuit Courts Wills & Trusts

A Fairfax County circuit judge has declined to uphold an arbitration clause in a trust agreement, and refused to send a dispute over the actions of a trustee to arbitration. Finding the controversy over the trustee’s actions had not arisen ...

Tagged with: Fairfax County Circuit Court Judge Bruce D. White Wills & Trusts

Where the decedent’s will conveyed his farm property and home to his children, subject to his wife residing in the home and collecting cell tower rent until she was no longer “physically and mentally able” to reside in the home, ...

Tagged with: Justice Teresa M. Chafin Supreme Court of Virginia Wills & Trusts

Petitioners have established by clear and convincing evidence that the decedent intended an unwitnessed  document handwritten by another but signed by the decedent to constitute her will. Background About a month before she died, Watkins, the decedent, signed a document ...

Tagged with: Family Law Judge H. Thomas Padrick Jr. Virginia Beach Circuit Court Virginia Circuit Courts Wills & Trusts

A beneficiary’s declaratory action to determine rights and duties did not violate a trust’s no-contest clause. Background Charles and Theresa Hunter had two children, Chip and Eleanor, and a granddaughter. Charles and Theresa each created trusts naming the children and ...

Tagged with: Justice D. Arthur Kelsey Supreme Court of Virginia Wills & Trusts

Since ancient times, the wealthy have sought to ensure their assets are distributed the way they intend and to foil any effort by survivors to undermine their estate plans. The practice continues, with wills and trusts using language that revokes ...

Tagged with: Justice D. Arthur Kelsey Supreme Court of Virginia News Wills & Trusts