Trust & Estate Litigation
Kaysville Trust & Estate Litigation Attorney
Resolving Trust, Estate, and Probate Disputes Across Northern Utah
An inheritance dispute is rarely just about money. It pulls in family, grief, and years of history, and it usually arrives at the worst possible time. If you're a beneficiary who suspects something is wrong, or a trustee accused of mishandling an estate you were only trying to administer, you don't need every answer today. You need an experienced Kaysville trust litigation attorney who can tell you honestly where you stand and what your options are.
I'm David R. Garner, a trust litigation attorney. Since 2016, I've litigated contested civil matters throughout Davis County and Northern Utah, representing trustees, personal representatives, beneficiaries, and other interested parties in the full range of trust, estate, and probate conflicts, from the first demand letter through trial.
J.D. cum laude, Kentucky Law Journal
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Admitted to the Utah State Bar in 2016
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A decade of courtroom litigation
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Big-firm and national litigation experience
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Multiple jury trials and hundreds of hearings
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Serving Kaysville & Davis County
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Kaysville Trust Litigation Attorney: Litigation, Not Estate Planning
One boundary up front, because it saves everyone time: this is a litigation practice. If you're looking to create a will, set up a trust, or draft an estate plan, that isn't the work I do, and I'll gladly refer you to an attorney who does.
What I handle is what happens when those documents, or the people responsible for carrying them out, break down into conflict. A trustee who won't communicate or provide an accounting. A will that doesn't reflect what the family understood the deceased wanted. Trust assets that have quietly gone somewhere they shouldn't. A caregiver or relative who seems to have steered an aging parent's estate. When an estate becomes contested, that dispute is the work, and it's what a trust and estate litigation attorney is for.
What Is Trust & Estate Litigation in Utah?
Trust and estate litigation is the process of resolving legal disputes over how a trust, estate, or probate matter is created, interpreted, or administered. It covers challenges to a will or trust's validity, conflicts over a trustee's or personal representative's conduct, and efforts to recover assets that have been misused. In Utah, these disputes are governed largely by the Utah Uniform Trust Code and the Utah Uniform Probate Code (Utah Code Title 75), and they are heard in the state district court, including the Second District Court that serves Davis County.
These are civil disputes, not criminal matters, and they turn on the specific duties the law imposes on the people entrusted with someone else's money and wishes. A settlor (also called a grantor) creates a trust. A trustee administers it. A personal representative administers an estate through probate. Beneficiaries and heirs are the people those roles are meant to serve. Litigation arises when one of those relationships fails, whether through dishonesty, incapacity, undue influence, or an honest disagreement that simply can't be resolved without a court.
Common Grounds for a Will or Trust Contest
Not every disappointing inheritance is a valid legal claim, and not every valid claim is worth bringing. A Utah will contest or trust challenge generally has to rest on recognized legal grounds. The most common are:
Undue influence — Someone in a position of trust or power pressured or manipulated the person into changing their will or trust to benefit the influencer, overriding the person's true intent.
Lack of testamentary capacity — The person did not understand what they owned, who their natural heirs were, or the effect of the document they signed, often because of dementia, illness, or medication.
Fraud or forgery — The document, or a signature on it, was faked, or the person was deceived about what they were signing.
Improper execution — The will or trust wasn't signed, witnessed, or notarized the way Utah law requires, which can make it invalid regardless of what it says.
Breach of fiduciary duty — The trustee or personal representative violated the legal duties they owe, for example through self-dealing or failing to account.
Utah also recognizes claims for tortious interference with an expected inheritance and for elder financial abuse, both of which can run alongside a contest where someone improperly diverted assets or exploited an older person's finances. Which theory fits your situation, and whether the evidence supports it, is exactly the kind of assessment a first conversation is for.
What About a No-Contest Clause?
Many wills and trusts include a no-contest clause (sometimes called an in terrorem clause) that threatens to disinherit any beneficiary who challenges the document. These clauses frighten people out of valid claims more often than they should.
Under Utah Code § 75-2-515, a no-contest clause is unenforceable against a beneficiary who had probable cause to bring the challenge. In other words, a clause like that doesn't automatically bar you from questioning a document you have real reason to question. Before you assume a no-contest clause has closed the door, it's worth having an attorney look at it.
Trust & Estate Disputes I Handle
Trust and estate litigation covers a wide range of specific claims, and each has its own elements, deadlines, and strategy. Below is the full scope of matters I handle. Each links to a dedicated page that breaks the claim down in detail, so this list is the map, not the whole territory.
Will contests
Challenging or defending the validity of a will based on undue influence, lack of capacity, fraud, or improper execution. Whether you're contesting a document or upholding one, the case turns on evidence about how and why it was signed.
Trust disputes & trustee removal
Conflicts over how a trustee is administering a trust, including petitions to remove a trustee who has breached their duties, become unfit, or refused to cooperate with beneficiaries.
Breach of fiduciary duty
Claims that a trustee or personal representative engaged in self-dealing, mismanaged assets, or otherwise failed the duties of loyalty and care the law imposes, which can support a surcharge to recover the loss.
Probate litigation
Contested matters that arise while an estate moves through probate, from disputes over the validity of a will to conflicts over how the personal representative is handling the estate.
Trustee & executor disputes
Disagreements over the decisions, conduct, and communication of the person in charge of a trust or estate, on either side of that dispute.
Fiduciary duty claims
Actions to hold a fiduciary accountable for the specific duties they owe, or to defend a fiduciary who acted reasonably but is being second-guessed.
Beneficiary disputes
Conflicts among beneficiaries, or between a beneficiary and a fiduciary, over distributions, information rights, and the interpretation of the governing document.
Trust accounting disputes
Forcing a trustee to produce the accounting beneficiaries are entitled to, and challenging an accounting that doesn't add up or conceals improper transactions.
Undue influence claims
Cases where someone in a position of trust pressured or manipulated a vulnerable person into changing their estate plan, overriding their genuine wishes.
Lack of capacity claims
Challenges based on whether the person had the mental capacity to understand and make the will or trust at the time they signed it.
Estate fraud
Matters involving forged documents, concealed assets, or deception that distorted how an estate was created or distributed.
Trust asset recovery
Tracing and recovering trust or estate assets that have been misused, misdirected, or taken, and restoring them to the people entitled to them.
Deadlines: How Long Do You Have to Act?
The single most important thing to understand about a trust or estate dispute in Utah is that the deadlines can be short, and they can start running before you realize there's a problem. The time limits for contesting a will, challenging a trust, or objecting to a fiduciary's conduct are governed by the Utah Uniform Probate Code and Utah Uniform Trust Code, and several of them shorten dramatically once a trustee or personal representative sends formal notice to interested parties.
Once you receive that kind of notice, a clock may start that gives you a limited window to object, and missing it can bar an otherwise strong claim entirely. That's why waiting to “see how things play out” is often the costliest decision in these cases. If you've received a notice from a trustee or an estate, or you suspect something is wrong and want to protect your position, the safest move is to have the specific deadline confirmed quickly rather than discovering it has already passed.
Don't Let a Deadline Decide Your Case for You
If you've received notice from a trustee or an estate, the time to act may already be running. Talk to a Kaysville trust litigation attorney now and find out exactly how long you have.
What a Trustee or Personal Representative Actually Owes
A great many of these disputes come down to one question: did the fiduciary do their job? A trustee or personal representative isn't just a caretaker. Utah law holds them to real, enforceable duties, and understanding those duties is often the difference between a grievance and a claim.
Duty of loyalty
To act in the beneficiaries' interest, not their own; self-dealing and hidden conflicts of interest violate this duty.
Duty of care
To manage the trust or estate prudently and protect its assets rather than let them waste or disappear.
Duty of impartiality
To treat beneficiaries fairly rather than favoring one over another improperly.
Duty to inform and account
To keep beneficiaries reasonably informed and provide an accounting of what the trust or estate holds and how it has been handled.
When a fiduciary breaches one of these duties, a court can order remedies including a surcharge (making the fiduciary personally repay the loss), removal, and recovery of misused assets. Just as often, I'm on the other side of that equation, defending a trustee or personal representative who acted in good faith and is being accused of wrongdoing for making a hard but reasonable decision.
How I Approach Trust & Estate Litigation Cases
My approach to trust and estate disputes is ethical, fair, and resourceful. I look for creative, practical solutions that protect your interests and, where it's possible, keep a family out of a prolonged court battle, without ever sacrificing your ultimate goals to get there.
That matters more here than in most areas of law. A trust dispute is often a fight among people who will still be in each other's lives when it's over: siblings, a surviving spouse and stepchildren, a parent and an adult child. Where a resolution is available that serves your position, it's usually the better outcome than years of litigation and legal fees. But I build every case as if it may be tried, because a favorable resolution is only realistically on the table when the other side knows you're prepared to see it through.
Who I Represent
I represent both sides of these disputes. If you're a beneficiary who believes a trustee is mishandling an estate, an heir who suspects a will doesn't reflect your parent's true wishes, or a surviving spouse trying to protect your interest against other heirs, I can represent you.
I'm also particularly comfortable defending trustees and personal representatives. Serving as a fiduciary is a hard, often thankless job, and people doing it in good faith frequently find themselves accused of wrongdoing simply for making reasonable decisions others disagree with. If you're a trustee or personal representative under fire for trying to do the right thing, that's a position I understand well and defend regularly.
Types of Trust & Estate Litigation I Handle
Trust and estate disputes often turn on questions of what belonged to whom. A common example: a surviving spouse learns after a death that property they believed was fully theirs is actually shared with the deceased's estate, putting them at odds with heirs from a prior relationship. Matters like that can frequently be resolved through negotiated agreements among the parties, protecting the surviving spouse's interest without a drawn-out court fight.
That's the type of matter I handle, described generally. I don't promise a particular result, because no attorney ethically can. What I offer is a straightforward read on your position and a strategy built on the facts of your case.
Trust Litigator in Davis County and Northern Utah
Trust and estate disputes in this area are generally heard in the Second District Court, which serves Davis County, including Kaysville, Layton, Farmington, Bountiful, Clearfield, and the surrounding communities. Local knowledge matters more than people expect. Knowing the court, the procedures, and how these matters tend to move in Davis County lets me give you a more realistic picture of timeline and cost from the first conversation.
I built Garner Legal LLC here in Kaysville on purpose. I'm not a statewide firm treating Davis County as one more pin on a map. I grew up here, and I practice here, representing clients throughout Northern Utah who want experienced trust litigation handled close to home.
Why Work With Garner Legal LLC
You work with me directly
When you hire Garner Legal LLC, you're not handed to an associate you never met. I stay involved from the first conversation through resolution, and you always know who is responsible for your matter.
Big-firm experience, delivered directly
I spent the first decade of my career litigating at respected regional and national firms, including one of the largest in the country. You get that level of preparation and strategic thinking without the layers of a large firm between you and your attorney.
Straight answers
I won't guarantee an outcome or tell you what you want to hear. You'll get a realistic assessment, an efficient path when one is available, and a litigator prepared to try the case when that's what it takes.
What Working Together Looks Like
Reach out
Let’s Talk About Your Situation. In your initial consultation, I listen to your situation and tell you honestly whether Garner Legal LLC is the right fit for your matter.
Case evaluation
I walk you through the legal issues, the deadlines that apply, and the real risks and options in front of you, in plain language.
Direct representation
If we work together, I handle your matter personally, from strategy through negotiation, hearings, and trial if that's where it leads.
Other Practice Areas
Trust and estate litigation is one of four areas I focus on. If your matter falls elsewhere, or overlaps more than one, these cover the rest of what I handle:
Common Questions
Frequently Asked Questions about Trust & Estate Litigation
How long do I have to contest a trust in Utah?
It depends on the type of challenge. Deadlines for trust and estate disputes are set by the Utah Uniform Trust Code and Uniform Probate Code (Title 75). Some deadlines shorten significantly once a trustee or personal representative sends formal notice, and missing one can bar your claim entirely. Because the clock can be short and may already be running, it's worth confirming the specific deadline that applies to you as early as possible.
Can you remove a trustee in Utah?
Yes, in the right circumstances. Under Utah Code § 75-7-706, the district court can remove a trustee who has committed a serious breach of trust, become unfit or unwilling to serve, or persistently failed to administer the trust effectively. Removal generally requires showing specific grounds rather than mere disagreement. If you believe a trustee is mishandling a trust, an attorney can assess whether the facts support a petition for trustee removal.
What happens if a trustee won't provide an accounting?
Beneficiaries generally have a right to be reasonably informed about a trust, including an accounting of its assets and transactions. When a trustee refuses to communicate or account, that refusal can itself signal a deeper problem. Under the Utah Uniform Trust Code, a beneficiary can petition the court to compel an accounting, and a persistent failure to provide one can support further action, including a breach of fiduciary duty claim.
Can I bring a claim if I'm a beneficiary, not a trustee?
Yes. I represent beneficiaries and other interested parties, not only trustees and personal representatives. If you believe a fiduciary is breaching their duties, mismanaging assets, or shutting you out of information you're entitled to, you may have grounds to act. The first step is a candid evaluation of your position and the deadlines that apply to it.
Do you draft wills or trusts?
No. Garner Legal LLC is a litigation practice. I handle contested trust, estate, and probate disputes, not estate planning or document drafting. If you need a will or trust prepared, I'm glad to refer you to an attorney who handles that work.
What is a breach of fiduciary duty in a trust dispute?
A trustee or personal representative owes legal duties to the people the trust or estate is meant to benefit, including loyalty, care, and impartiality. A breach occurs when the fiduciary acts against those duties, for example through self-dealing, favoring one beneficiary improperly, or failing to protect assets. These claims fall under the Utah Uniform Trust Code and can support remedies including a surcharge against the fiduciary and removal.
What is a no-contest clause, and does it hold up in Utah?
A no-contest clause threatens to disinherit any beneficiary who challenges a will or trust. Under Utah Code § 75-2-515, such a clause is unenforceable if the beneficiary had probable cause to bring the challenge. In practice, that means a no-contest clause usually doesn't bar a legitimate, well-founded challenge, though whether yours qualifies depends on the specific facts and is worth reviewing with an attorney before you act.
Who pays the legal fees in a Utah trust dispute?
It varies. In some trust and estate matters a court can order fees to be paid from the trust or estate, or shifted to a party who acted in bad faith, but there's no guarantee, and the general rule is that each side bears its own fees unless a statute or the governing document says otherwise. How fees are likely to be handled in your situation is something I'll talk through candidly at the outset so you can weigh the cost against what's at stake.
What is undue influence, and how do you prove it?
Undue influence is when someone in a position of trust or power pressures or manipulates a person into changing their will or trust against their true wishes. Proving it usually depends on circumstantial evidence: the influencer's relationship to the person, their involvement in creating the document, the person's vulnerability, and whether the result was unnatural or unexpected. These cases are fact-intensive, which is why an early, detailed review of the circumstances matters so much.
Get Clear Answers From a Kaysville Trust Litigation Attorney
An inheritance dispute moves faster than most people expect, and the earliest decisions often matter most. Before you hire anyone, get a clear, direct read on your situation from a Kaysville trust litigation attorney who will tell you what he actually thinks, not what you want to hear.
In a straightforward conversation, you'll learn what your options are, which deadlines may already be running, and whether your matter is worth pursuing at all. No pressure, no obligation, and no legalese, just a straight answer about what you're actually facing.
Know your rights and understand your options before you decide on a lawyer.
I personally review every inquiry and typically respond within one business day.
Tell Me What's Happening
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Office
330 Main Street, Suite
25 Kaysville, Utah 84037
dgarner@garnerlegalutah.com
Business Hours
Mon – Fri, 9 AM – 5 PM
I personally review every inquiry and typically respond within one business day.
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