Topic
Testamentary Intentions
34 published works
The Fiduciary Litigator
Texas Supreme Court Will Review What Evidence A Court Can Review To Effectuate A Testator’s Intent
The Texas Supreme Court recently granted the petition for review in the Estate of Charles Edward Long, No. 25-0601. This case deals with a will that provided for bequests to…
HEIRS & SUCCESSES
When a Note Becomes a Will: Wheatley v Peek [2025] NSWCA 265 & iPhone ‘Informal Will’
Section 8 of the Succession Act 2006 (NSW) involves three key requirements. These are outlined in Hatsatouris v Hatsatouris [2001] NSWCA 408 at [56]. Powell JA provides this outline. A…
HEIRS & SUCCESSES
Handwritten Wills and Legal Validity
The Estate of Maureen Alicia Anderton; Edwards v Animal Welfare League [2025] NSWSC 703 concerns a handwritten document. It is dated January 26, 2020. This document is being considered for…
Archer Estate & Trust Litigation Law
Another Example Where Technical Formalities are Not Necessary to Effectuate a Testator’s Intent
Bartek v. LoSapio, No. A-3022-21, 2025 WL 37451 (N.J. Super. App. Div. Jan. 7, 2025) This case deals with a codicil’s validity that does not reference the decedent’s most recent…
HEIRS & SUCCESSES
Judicial advice as to the construction of the Will and the Codicil
In the Australian Capital Territory, s11A of the Wills Act 1968 allows a document that reflects the deceased’s testamentary intentions to be recognised as a Will, even if it wdoesn’t…
HEIRS & SUCCESSES
ACT Supreme Court recognises Will Kit & Video as Valid Wills
In the ACT, a valid Will must meet legal formalities to be valid, underscoring the crucial role of drafting a document appropriately. Section 9 provides that the Will must be…
Wills, Trusts & Estates Prof Blog
Article: Executor Discretion
James Toomey (Elisabeth Haub School of Law at Pace University) recently published, Executor Discretion, 2024. Provided below is an Abstract:The fundamental purpose of the law of wills is to distribute…
HEIRS & SUCCESSES
Court grants probate to homemade informal Will
In Victoria the Wills Act 1997 (Vic) provides the legal requirements for a valid Will. Under s7 of the Act, a Will must be in writing and signed by the…
Wills, Trusts & Estates Prof Blog
Hereford wife will honor husband’s lifelong dream by sending his remains into space
Wendy Stangle's perspective on science fiction changed after marrying her husband Brian, a passionate "Star Trek" fan. Despite Brian's diagnosis of diabetes at 14 and doctors' grim predictions, the couple…
Wills, Trusts & Estates Prof Blog
Pittsburgh woman’s dying wish to donate house left unfulfilled
Neighbors along Melvin Street in the Squirrel Hill neighborhood of Pittsburgh are seeking answers and assistance concerning the deteriorating condition of their neighbor Francine George's abandoned home, which has become…