Brown v. Amidan
Brown v. Amidan, 2025 UT App 144 (Mortensen, J.)
Wills and Trusts
The Utah Court of Appeals held:
- The district court did not err by excluding Appellant’s expert from testifying in rebuttal, reforming the trust to remove a no-contest provision, or finding that Appellee met her burden to rebut the presumption that the trust was the product of Appellee’s undue influence.
- Practice Tip: In a concurring opinion, Judge Tenney noted that a review of recent Utah appellate court decisions suggests that the proper standard of review for bench trials and jury trials alike is viewing the facts in the light most favorable to the verdict.