TRUST AND PROBATE LITIGATION

Many lawyers manage will and trust administration, which is critical yet typically routine, posing little risk. Will contests and fiduciary breach litigation in trust and estate contexts, however, demand a distinct set of skills. Attorneys skilled in drafting these documents typically do not handle court-litigated disputes arising from them.

 SpencerWillson specializes in litigation, focusing on disputes where wills and trusts have not met their objectives. We advocate for trustees and beneficiaries needing court intervention for justice. The firm represents beneficiaries harmed by trustees' misconduct (such as self-dealing) and trustees facing accusations of legal violations.

 Their experience covers a broad range of issues under the Utah Trust Code and Utah Probate Code, defending trustees and personal representatives against allegations of self-dealing and conflict of interest, and supporting beneficiaries in claims against trustees and personal representatives.

  • Sarah and Jeff have secured pretrial orders for the removal of trustees and the appointment of special fiduciaries. 
  • The firm is experienced in litigating trust authority, including real parties in interest, trustee capacity, legality of trust modifications, and consequences of unauthorized trustee actions.
  • We've also handled undue influence cases, including disputes involving changes to beneficiaries on life insurance and bank accounts under duress, often involving familial conflicts.
  • We have experience concurrently litigating issues in probate and civil divisions of Utah district courts, including surrounding "pour over wills" and intangible probate assets, including claims and "choses in action".
  • We have represented parties in contested appointment proceedings surrounding personal representatives of decedents' estates.


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