In the Matter of the Tiffany Trust
Mar 06, 2008OUTCOME: Affirmed by Nevada Supreme Court.
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 e ... vidence. 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.