Settlors Intent Archives

Trust Litigation | Choose Your Battles Wisely

Written by Thomas Upchurch | December 07, 2020

Are you thinking of litigating your family trust over venue or based upon who was selected as trustee(s)? Before you jump into litigation,

Trust Litigation | Can a Trustee Challenge Settlor’s Revocation of an Inter Vivos Revocable Trust on the Grounds of Undue Influence after Settlor’s Death?

Written by Thomas Upchurch | April 17, 2014

Proving undue influence of a settlor of a trust is challenging for a Trustee. While the Trustee has a right to challenge, it

Intent in the Construction of a Will

Written by Thomas Upchurch | February 12, 2014

It is imperative that the language in a will not be ambiguous. Most importantly, the testator’s intent must avoid oral instructions in the

Unilateral Drafting Mistake: Impact of Settlor’s Intent Over Attorney’s Mistake

Written by Thomas Upchurch | October 24, 2013

Florida Probate litigation Attorney Thomas Upchurch provides his opinion regarding the first judicial interpretation of section 736.0415, Florida Statutes (2011) in Reid v.

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