In the Matter of the Trust Created March 31, 1992, Between Laura J. Niles, Grantor, and Geoffrey M. Parkinson…

Summary

The Supreme Court of New Jersey created a narrow exception to the American Rule, holding that when a trustee or executor commits undue influence, the estate may recover all reasonable counsel fees incurred to restore the estate, and that both the fiduciary and the accomplice are jointly and severally liable for those fees. The Court reversed the Appellate Division on the fee‑shifting issues and remanded for determination of the appropriate fee award, while Justice LaVECCHIA dissented.