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Florida Probate Blog

Posts Tagged: inequitable conduct

Inequitable Conduct Doctrine

Written by on Jul 1, 2009| Posted in: General

Will Contest Lawyers Awarded Fees From Proponent of Forged Last Will and Testament Generally, each party who brings or defends a lawsuit is each responsible for their own attorneys fees, regardless of who wins or loses, unless there is a governing statute or contract that specifies from whom or where the fees should be paid.  This is generally true in the probate arena as well, that persons who hire lawyers to bring a contest or lawsuit against a last will and testament are responsible for their own fees, even if they win, unless certain special circumstances are shown.  One of these is the idea that the services rendered by the lawyer brought about a “benefit” to the estate.  I have previously written about this concept in my blog. 

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