In the Matter of the Tiffany Trust

Outcome: Affirmed by Nevada Supreme Court.

Description: Nevada District Court/Trial Court determined that Defendant showed by clear and convincing evidence that trust was not procured through undue influence. Prior standard of review was preponderance of evidence. Trial Court determined that Defendant met preponderance standard and higher standard of clear and convincing evidence. Nevada Supreme Court ruled that where an interested person benefts under a trust that the higher standard of review shall apply (clear and convincing). Nevada Supreme Court also determined that an allegation of a violation of a Suprme Court Rule does not create a private cause of action.