Will & Trust Contests

Below are brief summaries of important Missouri appellate cases regarding actions by beneficiaries or descendants to contest wills or trusts. Please click on the link below each summary to learn more about that case.

In the Matter of Gene Wild Revocable Trust v. School of the Ozarks, Inc., 299 S.W.3d 767 (Mo. App. S.D. 2009)

Under certain circumstances, a trial court is within its discretion to award attorneys fees to both the successful and unsuccessful parties to a will contest.  Learn More>>

Root, et al. v. England, et al., 291 S.W.3d 834 (Mo. App. W.D. 2009)

Where plaintiffs demonstrate reasonable diligence in the process of serving all defendants, and the location and the number of defendants provided barriers to obtaining process of service, good cause exists for failure to obtain service within 90 days.  Learn More >>

Puzzanchera, et al. v. Loetel, 293 S.W.3d 51 (Mo. App. S.D. 2009)

A decedent’s subsequent manifestations of unhappiness with the trust she created were not sufficient evidence to prove that the trust did not reflect her intent at the time the trust was executed.  Learn More>>

Pulley v. Short, 261 S.W.3d 701 (Mo. App. W.D. 2008)

Where an old will does not mention a second spouse and leaves the bulk of the estate to the first spouse, the second spouse is a pretermitted spouse and entitled to an intestate share of a decedent’s estate.  Learn More>>

Kleim v. Sansone, 248 S.W.3d 599 (Mo. Banc. 2008)

Filing a will contest in probate instead of with the circuit clerk does not warrant dismissal of a case. Filing of a will contest before the will has been admitted to probate does not deprive the court of jurisdiction nor does it violate the statute of limitations.  Learn More >>