The Kittila Decision…Seeking Attorneys’ Fees After Unsuccessful Estate Litigation

Seeking Attorneys’ Fees After Unsuccessful Estate Litigation

James Gaspero, Jr., Esq.
Ferry Joseph, P.A.

In an interesting decision issued in August of 2015 (Final Report dated October 9, 2015), then Master Abigail M. LeGrow of the Court of Chancery held that it would be fair to award to an unsuccessful challenger of a Will his attorneys’ fees and costs equal to 20 percent of the value of the estate at the time of the decedent’s death in the matter of The Last Will & Testament of Wilma B. Kittila, C.A. No. 8024-ML.

Specifically, Master LeGrow decided that the Court should consider whether the attorneys’ fees requested by an unsuccessful Will contestant are directly proportional to the overall gross size of the Estate.  Master LeGrow added that the Court must also take into consideration the attorneys’ fees incurred by the Estate in defending the Will contest.

The Estate argued that Wilma altered her Will as a means to disinherit the petitioners because they filed a petition seeking guardianship of Wilma.  According to the Estate, this nullified Master LeGrow’s reasoning that the exceptional circumstances in this case included Wilma’s decision to cease contact with the petitioners and exclude them from the Estate.  However, Master LeGrow stated that the Estate’s argument relied upon facts that contradicted what she discovered after trial.  Ultimately, Master LeGrow concluded that the Estate failed to offer a coherent and definitive explanation for that decision, leading to her ruling that it was fair to award the petitioners attorneys’ fees and costs of 20 percent of the value of the Estate in order to fairly balance the competing interests at stake while also ensuring that the award of fees did not gut the testator’s intent as well.