News & Analysis as of August 4, 2025

Beneficiaries

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Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process. less -

New Supplemental Swiss Arbitration Rules for Trust, Estate and Foundation Disputes

WilmerHale on 6/17/2025

The Swiss Arbitration Centre published the Supplemental Swiss Rules for Trust, Estate and Foundation Disputes (“TEF Rules”) on 22 May 2025. They come into effect on 1 July 2025, and apply to trust, estate and foundation...more

Court Rules On Personal Jurisdiction In A Trust Dispute, Holding That In Rem Jurisdiction Still Requires Personal Contacts With A...

Winstead PC on 5/29/2025

In Hooten v. Collins, a dispute arose between the trustee of a Texas trust and a beneficiary who resided overseas regarding the distribution of trust assets, which primarily consisted of real estate in Texas. No....more

Court Dismissed An Appeal From A Probate Court Order Due To A Lack Of Jurisdiction

Winstead PC on 4/8/2025

In In re Estate of Carr, the court of appeals dismissed an appeal from a probate court order due to a lack of jurisdiction. No. 04-23-00287-CV, 2024 Tex. App. LEXIS 7827 (Tex. App.—San Antonio November 6, 2024, no pet....more

Cayman Islands: in pursuit of robust and efficient justice

Carey Olsen on 2/18/2025

The Cayman Islands offers many advantages to global families: the structures available are modern and flexible; the jurisdiction's legislation is continually updated in line with the market and evolving international rules;...more

Two Wills That Revoke Each Other

Offit Kurman on 2/5/2025

Welcome to Lost in Translation: Blunders in International Estate Planning; in this blog series, I will delve into the rarified world of international estate planning, shedding light on possible pitfalls and slip-ups. Blunder...more

Registration Of Wills By Expats

Awatif Mohammad Shoqi Advocates & Legal... on 1/31/2025

With certain Emirates in the UAE allowing property ownership for expats in the region, an increasing number of individuals are now buying properties and investing in other assets in the UAE. Consequently, it has become...more

Texas Supreme Court Reverses Order In Trust Dispute Granting A Constructive Trust

Winstead PC on 9/3/2024

In In re Trust A & Trust C, a beneficiary sued a trustee for breach of fiduciary duty and sought a constructive trust over assets that were transferred out of the trust. 690 S.W.3d 80 (Tex. 2024)....more

Court Affirmed Dismissing Application To Probate Foreign Will

Winstead PC on 7/29/2024

In In re Est. of De Chavez, a party filed an application to probate a Mexican will under Texas Estates Code Section 501.001 where the decedent was domiciled in Texas at the time of her death. No. 08-23-00072-CV, 2024 Tex....more

U.S.-Based Statutory Foundations: the Best of a Trust and a Non-Trust?

Pillsbury Winthrop Shaw Pittman LLP on 1/24/2024

A trust structure, commonly used for estate planning, can be problematic in certain civil law jurisdictions, such as those in many European countries. Recent acts enacted in Wyoming and New Hampshire allow for the...more

Appellate Court Affirmed Receivership Order Where Appellant Waived His Complaints By Not Securing Rulings And By Not Challenging...

Winstead PC on 5/2/2022

In In re Estate of Vines, a probate court appointed a receiver over a business that was owned by a decedent. No. 01-21-00003-CV, 2022 Tex. App. LEXIS 2327 (Tex. App.—Houston [14th Dist.] April 12, 2022, no pet. history)....more

Court Affirmed Order Granting Injunction To Allow Successor Trustees To Manage A Business Owned By A Trust

Winstead PC on 3/14/2022

In Clark v. Clark, two brothers sued a third brother regarding the third brother’s ability to be trustee of a trust due to a traumatic brain injury. No. 14-19-00604-CV, 2021 Tex. App. LEXIS 9866 (Tex. App.—Houston [14th...more

Court Holds That Probate Court Had Jurisdiction Over Inter Vivos Trust Dispute And That A Beneficiary Waived A Complaint About A...

Winstead PC on 1/3/2022

In Goepp v. Comerica Bank & Trust, N.A., the settlors created inter vivos trusts and their three children were the remainder beneficiaries. No. 03-19-00485-CV, 2021 Tex. App. LEXIS 5461 (Tex. App.—Austin July 9, 2021, no pet....more

Probate & Fiduciary Litigation Newsletter - September & October 2021

Goulston & Storrs PC on 9/30/2021

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Decedent’s New York Residence at Time of Death Does Not Create Jurisdiction in New...more

Co-Trustees Who Managed A Texas Trust With A Texas Beneficiary Had Sufficient Contacts With Texas To Be Subject To A Texas Court’s...

Winstead PC on 5/17/2021

In Alexander v. Marshall, the original trustee was the beneficiary’s mother and the wife of the beneficiary’s father, who was the settlor. No. 14-18-00425-CV, 2021 Tex. App. LEXIS 1952 (Tex. App.—Houston [14th Dist.] March...more

Contractual Jury Waivers in Trust and Estate Litigation in Texas

Winstead PC on 11/5/2019

Individuals execute trusts and wills to determine how certain assets are to be managed and distributed. Those same individuals may want to have some control over the dispute resolution process for any conflicts that arise in...more

Use a noncharitable purpose trust to achieve a variety of goals

Adler Pollock & Sheehan P.C. on 10/7/2015

Generally, trusts must have one or more human beneficiaries, but there’s an exception for certain “purpose” trusts. One popular type of purpose trust is a charitable trust. But don’t overlook the noncharitable purpose (NCP)...more

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