A recent decision by the U.S. Supreme Court in Morgan v. Sundance Inc., 596 U.S. 411 (2022), addressed the issue of the enforceability of arbitration agreements in contracts and the ability of…
Most people assume that a last will and testament, or at least a document purporting to be one, is the final say in what happens to a person’s estate. But there are…
Children often want to ensure that their parents’ estates will be properly administered after their deaths. Parents, in turn, naturally desire that their children should take over their personal affairs after they…
One power that trustees have is to make investments of trust assets. Although trustees are granted a certain degree of authority in their investment decisions, that authority is not absolute. It is…
The trustee of a trust is responsible for managing trust assets in the sole interest of its beneficiaries. The trustee stands in a special relationship of fiduciary responsibility to the grantor of…
A last will and testament should accurately reflect what a person desires to happen to his or her estate upon death. However, not all wills are created equally. For one reason or…
In modern society, it is no exaggeration to say that dogs, cats, and other domestic pets are considered members of the family. An owner’s relationship to his or her pet is often…
One of the inevitable, but regrettable, realities of trust and estate law is disputes. Ideally, these can be resolved by discussion and compromise. When they can’t, they often wind up in court,…
By Daniel F. Blanchard, III [published in Volume 2 of the South Carolina Bar’s 2004 publication entitled “South Carolina Damages”] South Carolina is among the majority of jurisdictions that have recognized tort…
By Daniel F. Blanchard, III 14 S. Carolina Lawyer 38 ARTICLE: THE FARAGHER-ELLERTH AFFIRMATIVE DEFENSE AS IMPLIED WAIVER OF PRIVILEGES: IS THE DEFENSE A SHIELD OR DOUBLE-EDGED SWORD? [*38] Emerging case law…
