The Texas Supreme Court ruled in June 2009 that there is no statute of limitations for removal of a trustee. A beneficiary filed suit to remove the trustee of a trust set up for the benefit of the beneficiary. The trustee, although acknowledging breaches of fiduciary duty, contested the removal on the basis that more [...]
Archive of entries posted on June 2009
No contest clauses in wills.
Many wills have no contest clauses, also referred to as in terrorem clauses. These basically say that anyone who contest the will looses their inheritance under the will. Courts don’t like to enforce these forfeiture clauses if there is a reasonable way to avoid enforcement. Many courts created a good faith exception. If a contest [...]
