The Cost Of Scorched Earth Litigation

In a series of two recent decisions, the Honorable Justice Myers addressed the rising cost of estate litigation through his award of substantial indemnity costs and by making the interest on a litigation loan payable as a disbursement.

In Fanelli v. Fanelli-Bruno¹(Fanelli), Mrs. Lina Fanelli's will left 50% of her estate to each of her two adult children, Sonia and Damiano. About a year before she passed away, Mrs. Lina Fanelli changed her will so that Sonia, Damiano and Sonia's two children would each receive 25% of her estate. Upon learning that his share of the estate was reduced under the new will from $160,000.00 to about $75,000.00, Damiano commenced a claim against Sonia, in her personal capacity as well as in her capacity as the estate trustee, and her two minor children based on what Justice Myers describes as "bald assertions" of undue influence and incapacity.