When Party Lacked Standing to Prosecute Exceptions and Engaged in Frivolous Litigation Against the Estate, the Court of Chancery Orders that the Frivolous Litigator Pay the Estate’s Fees in Defending the Exceptions

Delaware Fiduciary Litigation Blog

Posted April 23, 2014

In the Matter of Estate of Dorothea Branson Register of Wills No. 260-S (April 22, 2014)

The Delaware Court of Chancery, per Vice Chancellor Glasscock, conducted an April 30, 2013 hearing in this matter. During that hearing, the court found that the objecting party lacked standing and had engaged in “vexatious and frivolous” litigation against the estate. The court found that this warranted departure from the “American Rule” as the objecting party had engaged in bad faith litigation. This letter opinion awarded the estate its full fees of $5,252.50 incurred in defending the objection.


William M. Kelleher, Director
Gordon, Fournaris & Mammarella, P.A.