Legal Articles

Trustee Abuse of Discretion Factors

Increasingly, trust instruments grant trustees “discretion” to do certain acts. Drafters include this language to account for unanticipated circumstances and make a trustee’s life easier. But even where a trustee has discretion, they can act improperly. “A grant of absolute discretion to a trustee is not a roving commission – the trustee must be guided…

Expert Witness Admissibility

Trial courts have substantial discretion when deciding whether to admit evidence at trial. This discretion extends to expert witness testimony. On appeal, a trial court’s decision to admit or exclude expert testimony is reviewed for an abuse of discretion. Spalding v. Stewart Title Guar Co., 463 S.W.3d 770, 778 (Mo. 2015). Not everything is discretionary….

Expert Witnesses: Qualifications & Requirements

Sometimes litigation requires expert testimony to highlight areas of technical or specialized knowledge. To be qualified as an expert witness in Missouri, “it must appear that by reason of education or specialized experience [the expert] possesses superior knowledge respecting a subject about which persons having no particular training are incapable of forming an accurate opinion…

Scroll to Top