After an accident in Virginia caused you serious harm, you want the information you need to fight back against the person who hurt you. In this blog, Henrico County brain injury attorney Kevin Mottley gives you the information and insight you need to help you sleep better at night with a better understanding of the details behind your case.
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SCOVA Confirms: Parties Cannot Compel Arbitration of Trust Disputes A recent decision by the Supreme Court of Virginia held that neither the Federal Arbitration Act nor the Virginia Uniform Arbitration Act compels the enforcement of an arbitration provision in a trust. -
At SCOVA, A Trust Dispute Runs Into An Appellate Pitfall A trust's no-contest clause can apply to a settlor if he is also a beneficiary. But, in this case, an unappealed ruling established the "law of the case" and rendered that determination hollow. -
If I Win My Case, Can I Recover My Attorney's Fees? Under the "American rule," parties to litigation usually pay their own attorney's fees, regardless of who wins. But Virginia law recognizes several exceptions. -
SCOVA Holds That Estate Beneficiaries Lack Standing To Sue In Platt v. Griffith, the Supreme Court of Virginia reiterates its longstanding rule that only personal representatives can sue on behalf of an estate. -
How Do I Remove a Trustee in Virginia? Virginia law establishes how, and under what circumstances, the trustee of a trust may be removed and replaced with a substitute trustee. -
The Attorney-Client Privilege in Estate and Trust Disputes In Virginia estate disputes, a testator's communications with an estate planning lawyer fall under the "testamentary exception" to the attorney-client privilege -
What is a Commissioner of Accounts in Virginia? In Virginia, circuit courts appoint Commissioners of Accounts to supervise court-appointed fiduciaries, like executors, administrators, and conservators. -
Is a provision in a trust agreement requiring arbitration of trust disputes enforceable? In a recent decision, the Fairfax County Circuit Court rejected the enforcement of an arbitration clause in a trust agreement. -
Can you probate a lost will in Virginia? When a will is lost, and cannot be found after the testator's death, it can still be admitted to probate in Virginia under certain circumstances. -
Avoiding No-Contest Clauses in Wills and Trusts In Hunter v. Hunter, the Supreme Court of Virginia endorsed a two-step method for avoiding harsh consequences of "no-contest" clauses in wills and trusts. -
Sweet Briar College's Ban on a Student Led T-Shirt Sale Reveals the School's Misunderstanding of its Duties as a Trustee of a Virginia Trust By banning a t-shirt campaign being done by a business class of Sweet Briar College students, the College reveals its misunderstanding of trustee duties.