NH Trust Docket Declines To Recognize Inheritance Interference Claim (Link to Order)

In Swenson v. Silk et al. in a thoughtful, scholarly order, Judge David King declined to recognize intentional interference with inheritance as a claim in New Hampshire.  The Swenson petitioners as trustees and beneficiaries of a trust claim that a deceased predecessor trustee breached his fiduciary duties by making impermissible trust distributions to himself and that these distributions were […]

Me Too (not #metoo) Pleading

Will and trust cases often implicate the interests of multiple parties, some of whom may wish to participate in the proceeding, but be unable or unwilling to engage counsel.   By filing with the court an appearance form available on the New Hampshire Probate Court’s website and copying all other parties and their counsel on the filing, an […]

Argument Before a “Hot Bench”

The Justices of the New Hampshire Supreme Court asked lots of penetrating questions in the oral argument (video link) in In re Estate of Mesiti, an interlocutory appeal presenting an important standing issue of first impression, namely, whether a child can contest a parent’s will without an allegation that he will benefit if he wins. As discussed in […]

NH Trust Docket Decision On Undue Influence and Other Trust Contest Claims (Link to Order)

Congratulations to Frank Kenison and Bridget Denzer on their big win in Bonanno v. Bonanno and many thanks to them for sharing Judge David King’s Final Order, which is a great primer on NH law governing trust contests on undue influence and other grounds.  In these cases, the alleged undue influencer almost always was in a confidential […]

Upcoming Speaking Engagements

On October 18, 2018, I will be speaking with Joseph Bierwirth of Hemenway & Barnes of Boston and Kevin Rethore of DLA Piper of Philadelphia on “Trust Litigation: Trends and Recent Developments” at the New Hampshire Trust Conference presented by the New Hampshire Trust Council. On November 28, 2018, I will be speaking with Alyssa […]