Trust and Estate Litigation

Trust Litigation

Cornish Law LLC is here to help when problems arise regarding the settlor and the trustee. The validity of the trust instrument may be challenged when the formalities are not satisfied. Commonly, beneficiaries of a trust want to bring forth a challenge when it appears the trustee has breached his duties as trustee by lending or borrowing trust funds, selling trust property to himself, or mismanaging trust property.

Estate Litigation

When problems arise regarding the testator or the rightful beneficiaries of an estate, Cornish Law LLC will assist you with contesting these matters. After the death of a family member, questions often arise about the validity of donations the decedent made before his or her death, how the estate should be divided absent a will, and whether the usufructuary has the right to lease, donate, or dispose of property subject to the usufruct. Sometimes a will can be challenged when it is proven that the testator lacked capacity, did not possess the requisite intent, or the will is not valid in form. At times, a person who has the ability to inherit and who has killed or attempted to kill the decedent may be declared unworthy by the court, rendering him unable to claim a legal right to the decedent’s property. The court will also disinherit a person who has the ability to inherit after considering several other factors. Also, the beneficiaries may raise a challenge regarding the administration of an estate when that person has engaged in unethical practices or is mentally unstable, thus breaching his or her fiduciary duty.

We have gained extensive knowledge in many trusts and estate litigation matters. Whether you are a beneficiary, succession representative, or a trustee faced with a problem or a potential litigious matter, we are here to assist you until the conclusion of your case.