TRUST AND PROBATE LITIGATION

At SpencerWillson, we concentrate on the challenging and often contentious side of trust and probate law. 

While routine will and trust administration is handled by many, our practice is dedicated to high-stakes disputes when wills and trusts have failed to meet their intended purposes. We represent beneficiaries needing justice and accountability in court and defend trustees against complex accusations of fiduciary breach and conflict of interest.

Our team advocates for beneficiaries impacted by trustee misconduct, such as self-dealing and improper asset management. We also defend trustees and personal representatives facing claims under the Utah Trust Code and Utah Probate Code, ensuring fair representation and a thorough understanding of fiduciary duties. SpencerWillson’s attorneys have obtained significant pretrial orders, including trustee removal and the appointment of special fiduciaries, to protect beneficiaries' interests when necessary.

Our experience spans nuanced trust authority issues, including matters of real party in interest, trustee capacity, unauthorized modifications to trust terms, and enforcement against trustee actions that exceed their authority. We have represented clients in undue influence claims, particularly involving last-minute changes to beneficiaries on life insurance policies and financial accounts under suspicious or coercive circumstances, often intensified by family disputes.

Additionally, SpencerWillson litigates concurrent matters in Utah’s probate and civil court divisions, addressing complex issues like pour-over wills and intangible assets, including choses in action. We also represent parties in contested appointments of personal representatives, advocating for clients where the appointment process is disputed, ensuring that the true intentions of the decedent are upheld in every case we handle.